By Anthony Good
Even though asylum has generated remarkable degrees of public and political main issue over the last decade, there was astonishingly little box study at the subject. this can be a examine of the felony technique of claiming asylum from an anthropological standpoint, concentrating on the function of professional proof from 'country specialists' akin to anthropologists. It describes how such proof is utilized in exams of asylum claims by way of the house place of work and via adjudicators and tribunals listening to asylum appeals. It compares makes use of of social medical and clinical facts in criminal decision-making and analyzes, anthropologically, the criminal makes use of of key thoughts from the 1951 Refugee conference, similar to 'race', 'religion', and 'social group'. The facts is drawn from box commentary of greater than three hundred attraction hearings in London and Glasgow; from said case legislations and from interviews with immigration adjudicators, tribunal chairs, barristers and solicitors, in addition to professional witnesses.
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Extra resources for Anthropology and Expertise in the Asylum Courts (Glasshouse)
This book is about the legal treatment of asylum applicants in common law systems such as those of the United Kingdom, United States, Australia, and Canada; about the diﬃculties which asylum applicants face when required to narrate that persecution in terms intelligible to bureaucrats and judges; and about the role played by ‘objective evidence’ from anthropologists and doctors in bridging that divide, and thereby helping the courts to decide whether asylum claimants do indeed suﬀer a ‘well-founded fear of persecution’.
Thus, her legal discourse ‘does not refer to particular laws or legal doctrines but to folk understandings of legal relations and procedures’ (1990: 112–13; italics added). Finally, ‘therapeutic discourse’ portrays delinquent behaviour as environmentally or socially caused, rather than the result of individual fault. This discourse is ‘drawn from the helping professions’ (1990: 114), but again her focus is on uses of such notions by ordinary litigants rather than professionals. While this discourse partially absolves oﬀenders from blame, it also, by denying their responsibility, credits them with something less than full, autonomous personhood.
The Refusal Letter argued that when last arrested he was released without charge (not mentioning that he was not actually freed, but handed over into R’s custody), so the authorities clearly had no further interest in him – and even if they did, he would receive a fair trial. Refusals are often based on such arguments, though in fact detention without charge, especially for long periods, may itself constitute persecution (Singh; Asylum Aid 1999: 38). Most asylum applicants base their claims on less extreme personal suﬀering than this, whose horror nonetheless goes far beyond normal experience.