A Winning Declaration
Make a compelling case that no Immigration Judge will dare to deny.
When it comes to this pivotal document, there is no one-size-fits-all approach for its creation. However, there are crucial factors you should carefully consider for making a detailed and reliable declaration that is ready to be submitted to Court.
We've been in the declaration-writing game for over 5 years, and guess what? Our winning rate in court stands at an impressive 97%. It's the result of our incredible team of expert writers who have graciously shared their wisdom. They've shared their declaration-writing secrets, gathered throughout the years, for you!
Lay a solid foundation first
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Lay a solid foundation first -
Start with the basics of trust-building. Meet with your client as much as possible, make them feel secure and supported. Show compassion and empathy, listen carefully to what they talk about, and ask questions that are not necessarily related to their case. That will help them feel more at ease with you, and you will build a solid connection with them. Although, you should always be careful not to come up as patronizing.
By comprehending the fundamental aspects of your client's situation, you empower both yourself and the immigration court to navigate their narrative effectively. Understanding their story on a profound level is the gateway to presenting a compelling case.
Looking to establish a strong and trustworthy connection with your clients but unsure where to start? Finding it challenging to break the ice and create that initial bond? Dont worry, we got you covered on that.
What you should DO -
What you should DO -
Give your client a short set of questions to start their own draft
Engage in a conversation with your client, encouraging them to write their story. By doing so, you'll gain valuable insights into key aspects such as their personality, language, and significant details that can be later clarified during the formal Declaration process.
This approach not only allows you to establish a deeper connection, but also empowers you to take comprehensive notes, ensuring a better attention to detail.
Do not ask lead questions during the second interview
It is crucial for him to assume the role of the conversation leader throughout the Declaration taking. Urge him to disclose as much detail as possible and DO NOT ASK LEAD QUESTIONS,
Avoid questions like: "You were present at the scene, right?", "Didn't you witness the incident?", "You agree that he was acting aggressively, correct?"
They suggest a particular answer or influence the respondent's response, and may break the course of the conversation and cause the individual to leave out facts. Active listening and note-taking are paramount, as they will enable you to ask insightful questions afterward.
Therefore, it is best to focus on open and follow-up questions.
For example if you client states that they don’t want to go back to the country because they are afraid someone will hurt him/her, your follow up questions should look like these: “who will try to hurt you?” “in what way?” “Why?”
The devil's in the details
Enhance readability by incorporating bold point headers to highlight crucial elements of the declaration.
Remember, the account's credibility is bolstered by providing precise and specific details. To strengthen the claim, it's crucial for the applicant to offer precise descriptions of the incidents relevant to the claim, even though they can provide general statements like “I was attacked by X.”
Additionally, incorporating dates not only simplifies comprehension, but also aids the adjudicator in following the chronological sequence of events.
Your assistance is key
There are a lot of perspectives when it comes to presenting the applicant's declaration, each with their own unique approach.
While some believe in preserving the Declaration exactly as the applicant wrote it, this process is where your expertise takes the center stage, as you will be working hand-in-hand with the client to extract vital data and exclude unnecessary details.
What you should NOT DO -
What you should NOT DO -
Don’t be overly sympathetic
Most of the clients you will be assisting as asylum seekers have endured immense hardships throughout their lives. It is crucial to bear in mind the impact of trauma when engaging with them, ensuring that both you and your questions are to approached with utmost respect.
Be patient, understanding, and nonjudgmental. It's important to note that this also means refraining from using casual or overly sympathetic language, as you would with a close friend. For instance, avoid phrases like “I'm so sorry to hear that happened to you.”
It is correct incorporate elements that reflect the interview experience when appropriate. You can say things like "How do you feel right now / when you talk about this / think about this?", and/or "Thank you for sharing this with me."
Don’t interrupt your sessions
When conducting the declaration interview, it is critical to provide adequate time to meet with the asylum applicant. Interrupting them abruptly in the midst of sharing their story can not only be distressing, but also disrupt the flow of the conversation.
The primary objective of the interview is to gather as much information about the case as possible, and this goal can be best achieved by allowing the applicant to express themselves without unnecessary interruptions.
Following the interview, it is acceptable to schedule additional meetings or calls, to address specific doubts or implement essential adjustments. It is advisable to keep these post-interview engagements brief, rather than extend the overall duration excessively.
Do not complicate with the language
It is essential to ensure that the language used in the declaration is accessible and understandable to the applicant. The last thing you want is for the adjudicator to question the applicant about a specific phrase or terminology that is clearly beyond their comprehension. So legal conclusions, idiomatic terms, and words not in the applicant's language should be avoided.
If the applicant's English proficiency falls short of perfection, it is crucial to avoid composing the declaration in broken English. Instead, strive to maintain simplicity in the choice of words.
Don’t leave any issues uncleared
If something sounds implausible to you, it will almost certainly sound implausible to the adjudicator. Likewise, if a detail strikes you as inconclusive or lacking in context, that will most likely come up in the review.
Devote meticulous attention to the details and effective communication with your client to resolve any uncertainties. Strive to establish a shared understanding, ensuring that everything is comprehensible with utmost clarity and precision.
BONUS TIP -
BONUS TIP -
Don’t delay asking for help if you or your client need it
We help you with your Declarations if at some point the process becomes too complicated or takes longer than expected, or your client has failed to provide you with the information you need. Our declaration-taking is designed to assist you in capturing the necessary details with accuracy and professionalism. Our experienced team of experts can ensure that your statements are well-crafted, aligning with the guidelines provided in this blog.
By partnering with us, you can save valuable time and effort while maximizing the impact of your declarations. Let our dedicated team support you, in presenting compelling arguments that leave a lasting impression on the court.