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C5.40 Claimant to establish claim

Immigration Act 1987 s 129G(5)

See C5.40 Effective 01/10/1999

  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 are provided to the refugee status officer before the officer determines the claim.

C5.40.1 Documents submitted in support of claim

  1. Any documents submitted in support of the claim that are not written in English must be accompanied by a full English translation.
  2. Translations must:
    1. not be made by a claimant's family member or a person with an interest in the outcome of the claim; and
    2. be certified as a correct translation made by a person familiar with both languages and competent in translation work; and
    3. be prepared and certified by a recognised private or official translation service; and
    4. be on the official letterhead of the translation service; and
    5. bear the stamp or signature of the translator; and
    6. be accompanied by the original documents or certified copies.
  3. All written statements, submissions and any other documents produced with the assistance of an interpreter must bear the name of the interpreter used.

Effective 28/11/2005

Related Topics

C5 Determining claims for refugee status

C5.1 Confidentiality to be maintained

C5.5 Information on claimant's rights

C5.10 Officer may determine procedures on claim

C5.15 Request by officer for further information

C5.20 Comment on prejudicial information

C5.25 Failure to provide further information or to comment on prejudicial information

C5.30 Request for document to be produced by third party

C5.35 Interviews

C5.45 Determining a claim

C5.50 Decisions on claims

C5.55 Declining claims or refusing to consider subsequent claims

C5.60 Recognition of claimant as refugee

C5.65 Withdrawal of claim for refugee status

C5.70 Communications on refugee matters