Interviews should be conducted in accordance with the Interviewing Protocol and
undertaken by a Case Owner, a Legacy Casework Directorate (LCD) caseworker or immigration officer fully trained to conduct substantive asylum interviews. Interviewing officers read all information provided by the applicant or their legal representative in advance and may include Statement of Evidence Form or other written evidence or documents submitted. Interviewing officers also establish how the applicant entered the country and note any family members dependent on the asylum applicant. They identify the key issues specifically focusing on:
• the reason asylum is being claimed,
• alleged agents of persecution and
• any allegations of torture or ill treatment.
The interviewing officer should consider the likelihood of the applicant having scars. Where there are elements of the claim that require further examination, the interviewing officer prepares a question plan. The interviewing officer is familiar with the country information relating to where the applicant fears persecution, where available. Where the applicant made an in-time in-country application for asylum it may be appropriate to curtail the remaining leave when the decision is made. Get advice on this.
It is vital for the interviewing officer to establish a clear and unambiguous account of the applicant’s method of entry to the United Kingdom as:
• This will enable the decision maker to determine the immigration status of the applicant;
• This will affect the applicant’s right of appeal should the case fall for refusal.
• A clear and defendable illegal entry contention is needed should it be necessary for enforcement action to be taken against the applicant. Sometimes an applicant who has been granted leave to enter the United Kingdom as a visitor, or in another category, will admit that their true intention of coming to the United Kingdom was to seek asylum. Interviewing officers question any accounts given by applicants of how they entered the country using a document that did not belong to them.
A person who stays beyond the time limited by his leave is an overstayer. The interviewing officer should check for evidence of overstaying by looking at the case file, passport or landing card records. Applicants who say they used their own passport to enter the country should be questioned carefully about how they entered the United Kingdom and what they told an immigration officer.
Applicants who say they used their own passport to enter the country should be questioned carefully about how they entered the United Kingdom and what they told an immigration officer. If the applicant does not provide a plausible account of how he entered the United Kingdom, the interviewing officer should warn him that if he fails to provide a credible account of how he entered the United Kingdom he will be assumed to have entered illegally. Where the interviewing officer does not believe the account of the applicant, the onus is on the interviewing officer to demonstrate that the applicant’s account is false.
Officers can request sight of the Visa Application Form (VAF) from the issuing Embassy / High Commission. A written request for a copy of the VAF should be faxed to the embassy or consulate from which the applicant says he has obtained the visa, enclosing a return fax number.
In the majority of cases, and subject to the two months’ decision target, the NINo should be issued to the successful applicant with their decision documents.
The interviewing officer checks that the address held on the file for the applicant is still valid. This is usually the address where the interview invitation letter was sent. If the applicant moves, the new address and date of moving should be recorded on the record. Interviewing officers should remember to record the applicant’s new address on CID after returning to their asylum team.
If a Statement of Evidence Form (SEF – Self Completion) or any other written evidence has been submitted prior to the interview, the interviewing officer should ask the applicant who wrote and submitted the evidence. The applicant should be asked if they are aware of the content of the evidence and if they agree with it. If the applicant states that there are errors in the SEF or other written evidence they should be given the opportunity to explain all of the errors and to correct them. If the applicant states that they are unaware of the contents or do not agree with it, it is wise not to use the evidence to form the basis of the interview. However the applicant should be questioned carefully as to how the evidence was submitted without their knowledge or authorisation, especially if they have signed it. If applicable, the SEF should be used as a basis for the interviewing officer to devise their questions, in order to identify any gaps in the evidence and clarify where there appear to be inconsistencies.
Interviewing officers ask applicants if they have any documents to submit at the
beginning of the interview. Any documents submitted should be listed on the interview record. The applicant should be asked to submit the original document, but if they refuse to do so, the interviewing officer should photocopy the document and record on the copy that the original has been seen and also sign and date it. ( Accepting an ‘original’ document during an interview does not imply that the officer accepts that the document is genuine.) The interviewing officer should ask the applicant why they are unwilling to submit the original document and record their response on the interview record.
Your actions since leaving your country will be taken into account when your claim is considered. If there is reason for doubt the asylum seeker is given a chance to explain.
The interview is recorded in direct speech, in question and answer format and verbatim. The interviewing has to find out all of the reasons why the applicant fears returning to their country and investigate any insufficient or contradictory evidence.
has the applicant come to harm or felt in danger in their country
whey did the applicant decide to leave their country
who was responsible for their difficulties
were the actions reported to the state authorities – if so what happened,
did the applicant move to another area to escape the difficulties
if so, what happened
was the applicant active for any political party
was the applicant mistreated (interviewer will try to establish distress
was the applicant detained and for what reason
On Humanitarian grounds the applicant may be allowed to stay in the UK if:
The applicant has a Family in United Kingdom
Medical condition of the applicant, and treatment in United Kingdom
Any other ties to the United Kingdom.
Some probing questions
‘When did it happen?’
‘How many people attended the demonstration?’
‘Was it legal?’
‘So you played an active role?’
‘You travelled to X and then to Y?’.
‘Is there anything else you would like to add?’
‘Did anything else happen to you while you were in detention?’
‘You were mainly involved in distributing leaflets?’
‘Your sister was a member of the group – is this correct?’
Applicants, legal representatives and their interpreters are not permitted to use their own electronic recording equipment during an asylum interview. However, it should be noted that since the Court of Appeal Judgement in the case of Dirshe (21 April 2005), IND are now required to allow applicants, other than those entitled to publicly funded representation at interview, or the resources to fund their own representation, to have their asylum interviews tape recorded.
The interviewing officer must always provide a photocopy of the interview record for the applicant. Review this document and prepare for another interview with either supporting evidence or clarification.
Applicant can be given more time to submit further information.
Asylum Decision Making Process; decisions should continue to be made on the basis of the Statement of Evidence (self-completion) Form where available for asylum officers in LCD, together with the (written) Interview Record. Where a request is received from the applicant’s representative, asking for a decision on the case to be postponed until they have listened to the tape recording, this is be refused.
On requesting the asylum report you need to clarify exactly where in the interview it is alleged that there is an error that needs correcting, and why it is alleged that the error exists.
If the interviewing officer notices a discrepancy in the records regarding the
applicant’s details, this should be brought to the attention of the applicant. The interviewing officer should ask the applicant which details are correct and should ask the applicant to explain any discrepancies. If, during the course of the interview, the applicant states that his personal details held by IND are incorrect, the interviewing officer should note this on the interview record. The interviewing officer should ask the applicant what the correct details are, and note the responses on the interview record. The applicant should be informed that changes in personal details will not be accepted without documentary evidence, except where there are minor spelling alterations, an example of this could be ‘Mohamed’ to ‘Muhammad’.
SOME ACRONYMS
National Insurance Number NINo
Nationality, Immigration and Asylum Act (NIA)
Non Suspensive Appeal (NSA)
Statement of Evidence Form (SEF - Self-Completion)
Office of Immigration Services Commissioner (OISC)
Interview Booking Unit (IBU)
Designated professional bodies are:
• The Law Society
• The Law Society of Scotland
• The Law Society of Northern Ireland
• The Institute of Legal Executives
• The General Council of the Bar
• The Faculty of Advocates
• The General Council of the Bar of Northern Ireland
http://www.oisc.gov.uk/.
undertaken by a Case Owner, a Legacy Casework Directorate (LCD) caseworker or immigration officer fully trained to conduct substantive asylum interviews. Interviewing officers read all information provided by the applicant or their legal representative in advance and may include Statement of Evidence Form or other written evidence or documents submitted. Interviewing officers also establish how the applicant entered the country and note any family members dependent on the asylum applicant. They identify the key issues specifically focusing on:
• the reason asylum is being claimed,
• alleged agents of persecution and
• any allegations of torture or ill treatment.
The interviewing officer should consider the likelihood of the applicant having scars. Where there are elements of the claim that require further examination, the interviewing officer prepares a question plan. The interviewing officer is familiar with the country information relating to where the applicant fears persecution, where available. Where the applicant made an in-time in-country application for asylum it may be appropriate to curtail the remaining leave when the decision is made. Get advice on this.
It is vital for the interviewing officer to establish a clear and unambiguous account of the applicant’s method of entry to the United Kingdom as:
• This will enable the decision maker to determine the immigration status of the applicant;
• This will affect the applicant’s right of appeal should the case fall for refusal.
• A clear and defendable illegal entry contention is needed should it be necessary for enforcement action to be taken against the applicant. Sometimes an applicant who has been granted leave to enter the United Kingdom as a visitor, or in another category, will admit that their true intention of coming to the United Kingdom was to seek asylum. Interviewing officers question any accounts given by applicants of how they entered the country using a document that did not belong to them.
A person who stays beyond the time limited by his leave is an overstayer. The interviewing officer should check for evidence of overstaying by looking at the case file, passport or landing card records. Applicants who say they used their own passport to enter the country should be questioned carefully about how they entered the United Kingdom and what they told an immigration officer.
Applicants who say they used their own passport to enter the country should be questioned carefully about how they entered the United Kingdom and what they told an immigration officer. If the applicant does not provide a plausible account of how he entered the United Kingdom, the interviewing officer should warn him that if he fails to provide a credible account of how he entered the United Kingdom he will be assumed to have entered illegally. Where the interviewing officer does not believe the account of the applicant, the onus is on the interviewing officer to demonstrate that the applicant’s account is false.
Officers can request sight of the Visa Application Form (VAF) from the issuing Embassy / High Commission. A written request for a copy of the VAF should be faxed to the embassy or consulate from which the applicant says he has obtained the visa, enclosing a return fax number.
In the majority of cases, and subject to the two months’ decision target, the NINo should be issued to the successful applicant with their decision documents.
The interviewing officer checks that the address held on the file for the applicant is still valid. This is usually the address where the interview invitation letter was sent. If the applicant moves, the new address and date of moving should be recorded on the record. Interviewing officers should remember to record the applicant’s new address on CID after returning to their asylum team.
If a Statement of Evidence Form (SEF – Self Completion) or any other written evidence has been submitted prior to the interview, the interviewing officer should ask the applicant who wrote and submitted the evidence. The applicant should be asked if they are aware of the content of the evidence and if they agree with it. If the applicant states that there are errors in the SEF or other written evidence they should be given the opportunity to explain all of the errors and to correct them. If the applicant states that they are unaware of the contents or do not agree with it, it is wise not to use the evidence to form the basis of the interview. However the applicant should be questioned carefully as to how the evidence was submitted without their knowledge or authorisation, especially if they have signed it. If applicable, the SEF should be used as a basis for the interviewing officer to devise their questions, in order to identify any gaps in the evidence and clarify where there appear to be inconsistencies.
Interviewing officers ask applicants if they have any documents to submit at the
beginning of the interview. Any documents submitted should be listed on the interview record. The applicant should be asked to submit the original document, but if they refuse to do so, the interviewing officer should photocopy the document and record on the copy that the original has been seen and also sign and date it. ( Accepting an ‘original’ document during an interview does not imply that the officer accepts that the document is genuine.) The interviewing officer should ask the applicant why they are unwilling to submit the original document and record their response on the interview record.
Your actions since leaving your country will be taken into account when your claim is considered. If there is reason for doubt the asylum seeker is given a chance to explain.
The interview is recorded in direct speech, in question and answer format and verbatim. The interviewing has to find out all of the reasons why the applicant fears returning to their country and investigate any insufficient or contradictory evidence.
has the applicant come to harm or felt in danger in their country
whey did the applicant decide to leave their country
who was responsible for their difficulties
were the actions reported to the state authorities – if so what happened,
did the applicant move to another area to escape the difficulties
if so, what happened
was the applicant active for any political party
was the applicant mistreated (interviewer will try to establish distress
was the applicant detained and for what reason
On Humanitarian grounds the applicant may be allowed to stay in the UK if:
The applicant has a Family in United Kingdom
Medical condition of the applicant, and treatment in United Kingdom
Any other ties to the United Kingdom.
Some probing questions
‘When did it happen?’
‘How many people attended the demonstration?’
‘Was it legal?’
‘So you played an active role?’
‘You travelled to X and then to Y?’.
‘Is there anything else you would like to add?’
‘Did anything else happen to you while you were in detention?’
‘You were mainly involved in distributing leaflets?’
‘Your sister was a member of the group – is this correct?’
Applicants, legal representatives and their interpreters are not permitted to use their own electronic recording equipment during an asylum interview. However, it should be noted that since the Court of Appeal Judgement in the case of Dirshe (21 April 2005), IND are now required to allow applicants, other than those entitled to publicly funded representation at interview, or the resources to fund their own representation, to have their asylum interviews tape recorded.
The interviewing officer must always provide a photocopy of the interview record for the applicant. Review this document and prepare for another interview with either supporting evidence or clarification.
Applicant can be given more time to submit further information.
Asylum Decision Making Process; decisions should continue to be made on the basis of the Statement of Evidence (self-completion) Form where available for asylum officers in LCD, together with the (written) Interview Record. Where a request is received from the applicant’s representative, asking for a decision on the case to be postponed until they have listened to the tape recording, this is be refused.
On requesting the asylum report you need to clarify exactly where in the interview it is alleged that there is an error that needs correcting, and why it is alleged that the error exists.
If the interviewing officer notices a discrepancy in the records regarding the
applicant’s details, this should be brought to the attention of the applicant. The interviewing officer should ask the applicant which details are correct and should ask the applicant to explain any discrepancies. If, during the course of the interview, the applicant states that his personal details held by IND are incorrect, the interviewing officer should note this on the interview record. The interviewing officer should ask the applicant what the correct details are, and note the responses on the interview record. The applicant should be informed that changes in personal details will not be accepted without documentary evidence, except where there are minor spelling alterations, an example of this could be ‘Mohamed’ to ‘Muhammad’.
SOME ACRONYMS
National Insurance Number NINo
Nationality, Immigration and Asylum Act (NIA)
Non Suspensive Appeal (NSA)
Statement of Evidence Form (SEF - Self-Completion)
Office of Immigration Services Commissioner (OISC)
Interview Booking Unit (IBU)
Designated professional bodies are:
• The Law Society
• The Law Society of Scotland
• The Law Society of Northern Ireland
• The Institute of Legal Executives
• The General Council of the Bar
• The Faculty of Advocates
• The General Council of the Bar of Northern Ireland
http://www.oisc.gov.uk/.
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