Guidelines for Recording the Interview

It is worth highlighting the importance of placing good case notes. Good case notes are critical as records of the events that transpire at interviews. In this section, the officers would be able to come across the procedures that they would need to follow for recording interviews.

The Case Notes

It is worth highlighting that the authorities typically use the case notes for:

• Preparing refusal letters
• Responding to enquiries and,
• Serving as the record in the case of appeals and for court-related challenges

For these reasons, the authorities require officers to ensure that the case notes they place:

• Are detailed and reflect the events that transpired at the interview
• Document any decisions that the officers made during the case evaluation stages
• Reflect the process followed while reaching those particular decisions and,
• Do not contain irrelevant, inappropriate and prejudicial comments (as these should in no event form part of the case notes)

The Guidelines for Preparing Case Notes

Officers would need to refer to the bulleted points given below when preparing case notes. This is because good case notes should include the following information:

• Setting the Scene
  • Officers would need to include the ‘where’, ‘when’ and ‘who was present’
  • In addition, they would need to record the language of the interview and the use of interpreters etc.
  • Lastly, officers would need to identify whether they made decisions on reviewing the paper file or after the conclusion of the interview
• The Use of Signposts
  • Officers would need to ensure that they make it easier for people reading the file
  • Therefore, they would need to use headings for guiding the reader
  • In addition, they would need to structure their case notes logically
  • For this, officers could decide to use a variety of entries and headings
  • These could typically include:
    • Paper file reviews
    • Representation
    • Pending
    • Interview
    • Enquiry
• The Guidelines for Ensuring that the Electronic File is Complete
  • The officers would need to:
    • Record all the non-routine correspondence and telephonic conversations
    • Note down all the routine correspondence sent and,
    • Ensure that all the information relevant to the case appears in the notes
• The Guidelines for Complete Sentences and Thoughts
  • The officers would need to ensure that their notes are easy to understand
  • In addition, officers would need to avoid the use of jargon
  • This would enable others to answer the representations without needing to ask for clarifications
• The Guidelines for Identifying the Interpreter Used
  • The officers would need to:
    • Record the name of the interpreter as well as the relationship of the interpreter to the applicant (if any)
    • Record the language of the applicant and that of the interpretation as well and,
    • Ensure that the applicant is comfortable with the quality of translation provided and record this
      • This is especially so in case Citizenship and Immigration Canada (CIC) has provided the interpreter
• The Objective Facts
  • Officers would need to avoid making personal judgments and,
  • Officers would need to ensure that they are qualified to make the conclusions at which they arrive
    • For instance, they would need to take a professional opinion before concluding that the applicant is mentally ill
• The Recording of the Basis on Which the Officers Made the Decision
  • Officers would need to explain their thought processes
    • For instance, they would need to elaborate the reasons for their satisfaction or dissatisfaction while making their decisions by answering questions such as ‘The applicant has not satisfied me that she is a genuine visitor intending to enter Canada for a temporary purpose because…’
    • Similarly, officers would need to avoid making any assumptions
• The Recording of Anything that is Out of the Usual
  • Officers would need to record any incident that appears as being out of the usual
    • For instance, they would need to make the appropriate notes if:
      • The applicant has a seizure during the interview
      • The atmosphere was hostile during the interview
      • The applicant was extremely nervous during the interview
        • This would usually be the case if the officers note that the applicant sweated profusely or shook when asked about military service etc.

The Guidelines for Handwritten Interview Notes

Officers might need to place handwritten interview notes in the paper file. This is especially so in case the Global Case Management System (GCMS) or a computer is unavailable. In this scenario, officers would need to ensure that they date, sign and retain the handwritten interview notes in the paper file. This is applicable even once they have entered the details of the notes into the Global Case Management System (GCMS). In addition, the officers would need to indicate that they created the notes in question contemporaneously with the interview.

The Guidelines Concerning the Entry of Interview Notes in the Global Case Management System (GCMS)

The authorities encourage visa officers to enter notes directly into the Global Case Management System (GCMS). Alternatively, they instruct visa officers to paste their notes into the Global Case Management System (GCMS) directly after the interview.

It is worth highlighting that the Federal Court and the Immigration Appeal Division (IAD) are more likely to give probative weight to notes that are contemporaneous with the interview. This is especially because they highlight exactly what occurred at the interview.

Situations could arise where the officers find themselves transferring notes into the Global Case Management System (GCMS) after the date of the interview. In this scenario, the officers would need to clearly explain the reasons for the delay. Thereafter, they would need to indicate when the interview took place.

The Guidelines for Taping Interviews

It is worth highlighting that there is no obligation for officers to permit applicants to tape interviews. This is because the absence of a transcript will not violate the rule of natural justice.