S.744 Immigration bill - Sec. 3407: REPRESENTATION AT OVERSEAS REFUGEE INTERVIEWS

    Section 207(c) (8 U.S.C. 1157(c)) is amended by adding at the end the following:

      `(5) The adjudicator of an application for refugee status under this section shall consider all relevant evidence and maintain a record of the evidence considered.

      `(6) An applicant for refugee status may be represented, including at a refugee interview, at no expense to the Government, by an attorney or accredited representative who--

        `(A) was chosen by the applicant; and

        `(B) is authorized by the Secretary of Homeland Security to be recognized as the representative of such applicant in an adjudication under this section.

      `(7)(A) A decision to deny an application for refugee status under this section--

        `(i) shall be in writing; and

        `(ii) shall provide, to the maximum extent feasible, information on the reason for the denial, including--

          `(I) the facts underlying the determination; and

          `(II) whether there is a waiver of inadmissibility available to the applicant.

      `(B) The basis of any negative credibility finding shall be part of the written decision.

      `(8)(A) An applicant who is denied refugee status under this section may file a request with the Secretary for a review of his or her application not later than 120 days after such denial.

      `(B) A request filed under subparagraph (A) shall be adjudicated by refugee officers who have received training on considering requests for review of refugee applications that have been denied.

      `(C) The Secretary shall publish the standard applied to a request for review.

      `(D) A request for review may result in the decision being granted, denied, or reopened for a further interview.

      `(E) A decision on a request for review under this paragraph--

        `(i) shall be in writing; and

        `(ii) shall provide, to the maximum extent feasible, information on the reason for the denial.'.

Subtitle E--Shortage of Immigration Court Resources for Removal Proceedings

3407
REPRESENTATION AT OVERSEAS REFUGEE INTERVIEWS