C5.40 Claimant to establish claim

Immigration Act 1987 s 129G(5)

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, or an immigration adviser assisting with the application; 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. bear the full name of the translator,
   7. be accompanied by the original documents or certified copies.
3. 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.

4. All written statements, submissions and any other documents produced with the assistance of an interpreter must bear the name of the interpreter used.

Effective 28/07/2008