C6.15 Interviewing detained claimants

1. Although a refugee status officer is not obliged to interview a claimant (except under C7.10, if requested to do so), the officer may choose to conduct an interview, even if the claim is a subsequent claim.
2. An interview should normally be scheduled 15 working days after receiving the completed Confirmation of Claim to Refugee Status in New Zealand form, but may be scheduled earlier if necessary.
3. In scheduling the interview, a refugee status officer must ensure that the claimant is given reasonable opportunity to exercise their right under regulation 4 of the Immigration (Refugee Processing) Regulations 1999 and (if applicable) section 140(4) of the Immigration Act 1987 (see C6.5) to contact:
   1. a lawyer; and/or
   2. a representative of the UNHCR; and/or
   3. a parent, guardian or responsible adult (if applicable).
4. If appropriate, the officer may tape-record the interview.

C6.15.1 Interview reports where claimant is detained

1. If an interview report is to be prepared (see C5.35.5), it should if possible be completed within 10 working days of the interview.
2. Whether or not the claimant has a representative, the claimant may be given 10 working days in which to comment on an interview report, and the covering letter should draw attention to the amended time given for comment.
3. If the claimant has a representative, any interview report should be faxed to them and the time of transmission noted on the file.
4. If the claimant has no representative, an immigration officer or refugee status officer should personally deliver any interview report to the claimant. If necessary, an interpreter should accompany the officer in order to translate the report and assist the claimant in commenting on it.

Effective 28/11/2005