Advocacy services for applicants for international protection

The Directorate of Immigration offers qualified parties the opportunity to apply to act as advocates for applicants for international protection.

The service, provided on the basis of paragraph 1 of Article 30 of the Foreign Nationals Act, is covered by item h of Article 11 of the Act on Public Procurement (no. 120/2016). Service contracts covered by Article 11 are excluded from the scope of the Act.

The Directorate of Immigration shall appoint applicants for international protection an advocate during the processing of their case by Icelandic authorities according to Article 30 of the Foreign Nationals Act.

The role of advocates

An advocate shall provide legal assistance and advocacy services to applicants for international protection at the lower and higher administrative level in accordance with the wishes of the applicant. The role of an advocate shall begin upon his or her appointment and end with a final decision at the administrative level.

The role of an advocate is to represent and assist the applicant. This includes inter alia:

• To attend an interview with the applicant when called.

• Submit documents and statements on behalf of the applicant, as necessary.

• To assist the applicant in gathering health information, if this is considered necessary in the processing of the case.

• To receive decisions from the authorities on behalf of the applicant and to guide him/her on the possible continuation of the case, such as appeals or the possibility of a voluntary return with IOM or other comparable organisations.

Qualifications of advocates

• An advocate shall be a lawyer with knowledge of matters pertaining to international protection and refugees.

• An advocate must hold a professional qualification or an undergraduate and postgraduate degree in law.

• An advocate shall have good command of Icelandic in speech and writing.

• An advocate shall have experience and possess solid knowledge of administrative law.

• In the case of an unaccompanied child, an advocate shall have expertise in the affairs of children.

Implementation

Interested parties can fill out an application for registration as an advocate, see the form at the top of the page.

The application must demonstrate that the person in question meets the qualifications required to act as an advocate. If a lawyer meets the qualifications required, his/her name will be published on the list of registered advocates.

The Directorate of Immigration contacts an advocate and calls him for an interview. When the interview takes place, a letter of appointment shall be signed, thus beginning the appointment of the advocate.

The appointment of an advocate ends with the final decision of the administrative authority, i.e. with a decision of the Directorate of Immigration or, as the case may be, a ruling by the Immigration and Asylum Appeals Board.

New procedure after ruling by Immigration and Asylum Appeals Board

When the Immigration and Asylum Appeals Board agrees to reopen a case and sends the applicant's case to the Directorate of Immigration for a new procedure, the Directorate seeks to appoint the same advocate appointed in the previous procedure. This is to ensure the confidential relationship that has been established between the applicant and the advocate at an earlier stage.

Performance evaluation

To ensure the quality of the advocacy services, there will be an active performance evaluation of the purchase by the Directorate of Immigration.

In assessing the performance of an advocate it will be considered whether his/her practices have enhanced effective procedure and fair handling, whether interviews and data delivery are characterized by professionalism and conscientiousness, and whether the advocate has responded well if asked to remedy for potential deficiencies.

More information on performance evaluation will be available on the Directorate's website shortly.