S.744 Immigration bill - Sec. 3407: REPRESENTATION AT OVERSEAS REFUGEE INTERVIEWS
Posted Wed, Apr 17, 2013 at 4:57 pm
- 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