S.L. 420.7 Art. 10Personal interview.

(1) Before a decision is taken by the International Protection Agency, the applicant shall be given the opportunity of a personal interview with a person competent to conduct an interview.

(2) The International Protection Agency may initially provide that a personal interview on the admissibility of the application for international protection be conducted in accordance with article 24 of the Act.

(3) For the purpose of this regulation, the personal interviews on the substance of the claim shall be conducted by personnel from the International Protection Agency: Provided that when simultaneous applications for international protection by a large number of third-country nationals or stateless persons make it impossible for the International Protection Agency to conduct timely interviews on the substance of each application, the International Protection Agency may provide that trained personnel of another authority be temporarily involved in conducting such interviews.

(4) A legal adviser shall be allowed to assist the applicant in accordance with procedures laid down by the International Protection Agency and, where entitled to, free legal aid shall be provided to the applicant.

(5) The personal interview referred to in sub-regulation (1) may be omitted where:

(a) the International Protection Agency is able to make a positive recommendation on the basis of evidence available; or

(b) where it is not reasonably practicable, in particular, where the International Protection Agency is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstances beyond his control; provided that when in doubt, the International Protection Agency may require a medical or psychological certificate to establish whether the condition that makes the applicant unfit or unable to be interviewed is of a temporary or enduring nature: Provided that where a personal interview is not conducted pursuant to paragraph (b) or, where applicable, with the dependant, reasonable efforts shall be made to allow the applicant or the dependant to submit further information.

(6) The absence of a personal interview in accordance with this regulation shall not prevent the International Protection Agency from taking a decision on an application for international protection.

(7) Without prejudice to the provisions of regulation 20 the International Protection Agency, when deciding on the application for international protection, may take into account the fact that the applicant failed to appear for the personal interview unless it had a valid reason for such failure.

(8) A personal interview shall take place without the presence of family members unless the International Protection Agency considers it necessary for an appropriate examination to have other family members present.

(9) The personal interview shall take place under conditions which ensure appropriate confidentiality.

(10) A personal interview shall be conducted under conditions which allow the applicant to present the grounds for his application in a comprehensive manner and must:

(a) ensure that the person who conducts the interview is sufficiently competent to take account of the personal or general circumstances surrounding the application including the applicant’s cultural origin, gender, sexual orientation, gender identity or vulnerability;

(b) ensure that the person who conducts the personal interview is properly trained and has the acquired knowledge of problems which might affect the applicant’s ability to be interviewed. For the purposes of this paragraph, the determining authority has to ensure that all the persons conducting the interviews have been provided with relevant training in accordance with Article 6(4)(a) to (e) of Regulation (EU) No 439/2010 as well as with relevant training established and developed by the European Asylum Support Office;

(c) ensure the presence of an interpreter who is able to give appropriate communication between the applicant and the person who conducts the interview. The communication shall take place in the language preferred by the applicant unless there is another language which he or she understands and in which he is able to communicate clearly;

(d) ensure whenever possible that the person conducting the interview and interpreter, be a person of the same sex if the applicant so requests, unless the International Protection Agency has reason to believe that such a request is based on grounds which are not related to difficulties on the part of the applicant to present the grounds of his application in a comprehensive manner;

(e) ensure that the person who conducts the interview on the substance of an application for international protection does not wear a military or law enforcement uniform; and

(f) ensure that interviews with minors are conducted in a child-appropriate manner:

Provided that, for the purpose of this regulation, the International Protection Agency may establish rules concerning the presence of third parties at a personal interview.

(11) When conducting a personal interview on the substance of an application for international protection, the determining authority shall ensure that the applicant is given an adequate opportunity to present elements needed to substantiate the application as completely as possible, including the opportunity to give an explanation regarding elements which may be missing and, or any inconsistencies or contradictions in the applicant’s statements.