S.L. 420.7 Art. 11Reporting and recording of personal interviews.

(1) The International Protection Agency shall ensure that either a thorough and factual report containing all substantive elements or a transcript is made of every personal interview.

(2) The International Protection Agency may provide for audio or audiovisual recording of the personal interview:

Provided that where such recording has been made, the International Protection Agency shall ensure that the recording or a transcript thereof is available in connection with the applicant’s file.

(3) The International Protection Agency shall ensure that the applicant has the opportunity to make comments and, or provide clarification, orally and, or in writing, with regard to any mistranslations or misconceptions appearing in the report or in the transcript, at the end of the personal interview or within a specified time limit before the International Protection Agency takes a decision, containing all substantive elements of the personal interview.

(4) For the purpose of this regulation, the International Protection Agency shall ensure that the applicant is fully informed of the content of the report or the transcript containing all substantive elements and where necessary with the assistance of an interpreter.

(5) The International Protection Agency shall request the applicant to confirm that the content of the report or the transcript correctly reflects the interview:

Provided that when the personal interview is recorded in accordance with sub-regulation (2) and the recording is admissible as evidence in the appeals procedure, the International Protection Agency need not request the applicant to confirm that the content of the report or the transcript correctly reflects the interview or to make comments on and, or provide clarification of the transcript.

(6) Where the applicant refuses to confirm that the content of the report or the transcript correctly reflects the personal interview, the reasons for his refusal shall be entered in the applicant’s file.

(7) A refusal to confirm the content of the report or the transcript shall not prevent the International Protection Agency from taking a decision on the application.

(8) The applicant and his legal adviser shall have timely access to the report or the transcript and where applicable, the recording of the personal interview, before a decision on the application is taken by the International Protection Agency.

(9) When both a transcript and a recording of the personal interview has been provided, the International Protection Agency need not provide access to the recording in the procedures at first instance, but shall nevertheless provide access to the recording in the appeals procedures.

(10) Where the application is examined under accelerated procedures in accordance with article 23 of the Act, access to the report or the transcript, and where applicable, the recording may be granted at the same time as the decision is made.