Appeal

The decision makers in the appeal instance should be independent from the decision maker(s) in the first instance to ensure a fair and satisfactory review. The decision makers should be competent in refugee law and country of origin information.

The appeal review should consider all the relevant circumstances of the claim, including information covered at first instance, in addition to the introduction of any new information. The legal officer should guard against the tendency to consider only the new information instead of the entire claim, as this will prevent the client from receiving a fair independent appeal of the entire claim.

An appeal interview is not normally considered necessary by the UNHCR. Therefore, a request for an appeal interview (rehearing) and the reasons why it is necessary may have to be submitted in writing. The letter of request may include procedural and legal issues or the introduction of new information.
Asylum seekers have the right to legal representation in the interview and throughout the appeal process.

Appeal or re-opening interviews are not automatically granted when the case is being reconsidered. However, when an appeal or re-opening interview is necessary, an independent specialized legal officer, who has not previously worked on the case, should conduct the interview and make the recommendation to a panel of independent experts. The interview should not be a continuation of previous interviews but rather a new, independent RSD interview.

Protection provided by the host country, including the right of residence and freedom of movement, must be available until the client has received the final decision in writing. The client should be free from fear of refoulement at all times during the appeal process.