TITLE III:INTERIOR ENFORCEMENT

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§ 3408 : 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.