C4.60 Claimant to establish claim

See also Immigration Act 2009 s 135

See also Immigration (Refugee and Protection Status Processing) Regulations 2010 regs 4, 6

1. A claimant has the responsibility of establishing their claim.
2. The claimant must ensure that all information, evidence and submissions that they wish to have considered in support of the claim or any other potential claim are provided to the refugee and protection officer before the officer determines the claim.

C4.60.1 Documents submitted in support of claim

1. Any documentary evidence the claimant wishes to have considered must be disclosed to a refugee and protection officer as soon as possible.
2. Any documents submitted in support of the claim that are not written in English must be accompanied by a full English translation.
3. Translations must:
   1. not be prepared by a claimant, any member of their family or an immigration adviser assisting with the application; and
   2. be accompanied by the original documents or certified copies; and
   3. be certified as a correct translation made by a person familiar with both languages and competent in translation work; and
   4. bear the stamp or signature of the translator or translation business; and
   5. if applicable, be on the official letterhead of the translation business.
4. Officers may:
   1. request a translation of the complete document where the translation is of a selected part(s) of the document, and
   2. request a translation by a different (specified) translation service where they are not satisfied by the initial translation.

   Note: If a translation by a different (specified) translation service is requested the reason(s) behind the request must be clearly documented and conveyed to the applicant by INZ.

5. All written statements, submissions and any other documents produced with the assistance of an interpreter must bear the name of the interpreter used.
6. Final submissions and evidence a claimant wants considered before a decision is made should be filed within a reasonable time, as set by the refugee and protection officer.

Effective 04/04/2011