THE ASYLUM INTERVIEW

Interviewing
Most asylum applicants are given a substantive interview. It may not be necessary to interview where an applicant obviously qualifies for refugee status, but interview before refusing an asylum claim substantively (although this may not always be necessary or possible). Applicants should be given every opportunity at interview to put forward the basis of their claim and to explain any apparent discrepancies. The interview should also be used to find out about the applicant’s nationality if the interviewing officer is not certain of it. It is important that, by the end of the interview, the interviewing officer has obtained as much as
possible information to reach a decision about the applicant’s nationality.

Interviewing officers should normally interview principal applicants. However this does not necessarily apply where a dependant switches to become a principal asylum applicant after the original applicant of whom they were previously a dependant has been refused and their appeal rights exhausted (ARE). IN THIS CASE THE REFUGEE HAS TO PROVIDE NEW EVIDINCE THAT WOULD HELP TO WARDS INDICATING THAT THE UK WOULD BE IN breach OF IT’S obligations under the Refugee Convention and the ECHR. Children under 12 should not be interviewed.

Interviewing is a fact-finding exercise that assists the decision maker in making a well reasoned decision on the application. The purpose of the asylum interview is to obtain details about why the applicant has made an application for asylum and/or leave to remain on human rights grounds. It is an opportunity for the interviewing officer to find out more about the applicant’s fear of return to their country of nationality, and an opportunity for the applicant to elaborate on the background to his claim and introduce additional information. The applicant is asked to explain any apparent discrepancies in evidence previously given in support of the claim. This depends on whether there are further issues which need to be considered before a full decision can be made or if the original interview took place some time ago whether there have been changes in the country situation or other issues that need to be explored.