If it appears that the interview record may be inaccurate and the interview was recorded, the tape should have been checked. This ought to have been done immediately following the interview and representations made to address any apparent inconsistency. There is no substitute for reinterviewing the client, and checking the information through questions from different angles as described in the last chapter.ġ2.9 Should you determine that the statement does satisfactorily and accurately set out the case, the next step is to check it against the Home Office's asylum interview notes. It is not sufficient to read through the statement paragraph by paragraph with your client asking her to confirm that it contains no inaccuracies (although you will have to do that at some stage). But it may overlook important aspects of your client's case simply because these were not thoroughly investigated when the statement was taken. If the initial instructions were taken very shortly after a traumatic escape from the country of origin, the scope for inaccuracy is increased.ġ2.8 The statement may be accurate as far as it goes. As indicated in the previous chapter, it is all too easy for a rushed representative to let his own preconceptions as to the likely nature of the case colour the statement. You do not want to find out that your client considers the initial statement inaccurate after you have adopted it as her appeal statement.ġ2.7 Whether or not you represented the client in the initial application, you need to check any statement previously submitted. T he purpose of the statement and dealing with past statementsġ2.5 The purpose of the statement will depend upon your assessment of the material submitted to the Home Office in support of the initial application.ġ2.6 If a statement has already been submitted to the Home Office, you need to determine whether that statement is a satisfactory account of your client's history up to that date. These are discussed in chapter 35 on 'Examination in Chief'. By using written witness statements, you avoid your client having to give the same oral evidence twice, and such extensive cross-examination should leave sufficient scope for developing the evidence in re-examination if appropriate (see chapter 37).ġ2.4 There are also, of course, disadvantages. The HOPO's cross-examination will sometimes resemble a full examination in chief whether you have examined in chief or not - his rationale seemingly being that an inconsistency is bound to slip in somewhere.There is less risk of disputes arising later over the content of the witness' evidence if a statement is adopted as evidence in chief than if a recording of oral evidence at the hearing is relied upon instead.Mistakes or misunderstandings between client and interpreter can be resolved before finalising the statement, rather than played out in front of the Tribunal where they may take on a wholly disproportionate significance.That is particularly important if your client is inarticulate or unusually nervous and may not be capable of doing herself justice in oral evidence. She can tell her story in a relaxed setting, in her own time.The statement will usually be far more important than the evidence you lead at the hearing.ġ2.3 There are a number of advantages to your client's statement standing as evidence in chief: A good statement can win an appeal and a careless one risks losing it. It is her presentation of her case to the Tribunal. The purpose of the statement and dealing with past statementsĭealing with actual or potential allegations: Allegations in the refusal letterĭealing with potential allegations or inconsistenciesĥ.1 A witness statement should be capable of standing as the totality of the evidence in chief of the person giving that statement.ĥ.2 A witness statement may be added to by the provision of a supplementary statement provided that the supplementary statement isfiled and served in accordance with any directions given in the appeal.ġ2.2 Because her evidence in chief is to be given primarily in writing rather than orally, preparing the appellant's witness statement is one of the most important steps in the appeal.
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