C5.35 Interviews

Immigration (Refugee Processing) Regulations 1999 regs 19, 20

1. If a claimant or a person whose refugee status is in question is to be interviewed by a refugee status officer, they must be notified in advance of the date, time and place of the interview.
2. The notice must advise the claimant or person of:
   1. (if the first language of the claimant or person is not English) the fact that an independent interpreter will be present at the interview unless:
      • the claimant or person requests otherwise; and
      • this request is acceptable to the officer; and
   2. their right to have a representative, including legal counsel, at the interview.
3. The notice must advise the claimant or person that if they do not attend the interview, the officer may still determine the relevant matter.

C5.35.1 Procedure for interviews

1. In conducting an interview a refugee status officer is not bound by any rules of evidence but may make any inquiries they see fit.
2. If the claimant has a representative at the interview, the representative must be given the opportunity to make any comments or submissions on the case to the officer. Subject to the discretion of the officer, such comments and submissions will normally be made at the start or finish of the interview.
3. A record of the interview must be made either in writing or by tape recording.
4. If possible, potentially prejudicial information should be put to the claimant at the interview.
5. A refugee status officer may consider whether or not an interview report needs to be completed and sent to the claimant.

Effective 28/11/2005