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Assumptions in refugee status determination Jane Herlihy Stuart Turner

Assumptions in refugee status determination Jane Herlihy Stuart Turner. “In the case of country evidence, expert evidence can be evaluated against other material”

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Assumptions in refugee status determination Jane Herlihy Stuart Turner

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  1. Assumptions in refugee status determination Jane Herlihy Stuart Turner

  2. “In the case of country evidence, expert evidence can be evaluated against other material” “In contrast, there will be no similar breadth of evidence to assist in the evaluation of expert medical evidence” Barnes, 2004

  3. Structure • cultures & authority • assumptions study • examples of empirical enquiry • the way forward

  4. Clinicians’ authority • evidence-based practice • the scientific method • hypothesis driven studies • meta-analyses • systematic reviews

  5. Judges’ authority • hierarchy • experience • input from other parties • collegiate atmosphere John Barnes, 2004

  6. How do judges judge? • “a window that judges try to look through, but … it is really a mirror” Regina Graycar, 1991

  7. Kagan, 2003 • Careful documentation • I just know when someone is lying vs • Detailing of inconsistencies

  8. Method co-author : Kate Gleeson, University of Bristol • determinations recruited from law firms • assumptions emerge from the data coding structure defined, validated, developed and tested • coding framework • inductive (data-driven) thematic analysis

  9. HERE – the asylum process • Rules of the asylum procedure we did not find it credible that if the appellant had fled [his country] in fear of his life… that he would have made no effort to seek asylum when he arrived • Disclosure • the appellant denies having slept with the sponsor, which the sponsor says has occured • she would have mentioned this earlier

  10. HERE : other actors • Other professionals’ judgements it is the appellant’s representative who suggests the appellant sees a psychiatrist, but not until three months after the appellant’s arrival

  11. THERE – how others behave • Family decisions after/during trauma Her husband sent her to this country ahead of anyone in his own family, including his sister who had been raped • Reasonable behaviour I do consider it implausible that a family in fear, on seeing a man throw something over the fence and into their garden … would go to investigate it

  12. Discovering the Truth • Detail • given that rape is such a serious thing to happen to any women, I would have expected a raped person to know when they were raped. This is not the type of event which I would expect a person to forget about or confuse • there was a texture and richness to the details of her evidence that indicates that this was true

  13. Discovering the Truth (cont.) • Consistency [he] was able to withstand a cross examination from Mr. H that lasted for over one hour without any serious discrepancies coming to light • Demeanour? [having] the opportunity of observing the appellant [allows the conclusion that] his behaviour supports the appellant’s assertion [of being gay]

  14. Results • Conclusions • assumptions • in line with empirically established knowledge? • Hypotheses • systematic reviews – e.g. behaviour after rape • test hypotheses – e.g. consistency

  15. Empirical investigation : I • Consistency • 27 Kosovan & 16 Bosnian UK programme refugees interviewed on two occasions • questions about traumatic events • peripheral details inconsistent in traumatic memories and, for PTSD sufferers, over long delays Herlihy, Scragg & Turner, 2002

  16. liars take shorter pauses than truth-tellers body movements – no indication consecutive deceptive statements are less consistent than truthful ones liars take longer pauses liars make fewer body movements than truth-tellers consecutive deceptive statements no more or less consistent than truthful ones Decision makersResearch Granhag, Stromwall & Hartwig, 2005

  17. “the assessment of credibility is clearly one of the most important of judicial tasks and it is essential that any methodology employed be a sound one, that does not involve reliance upon the ‘common sense’ of a judge” Catriona Jarvis, 2003

  18. Research and collaboration • Medical & Social researchers • Disseminate knowledge • Research specifics • Collaborate • Decision and policy makers • Acknowledge generalised knowledge • Consult/commission research • Collaborate

  19. jane.herlihy@csel.org.uk www.csel.org.uk Herlihy, J., Gleeson, K. & Turner, S. (in preparation). A qualitative analysis of assumptions in judicial asylum determinations. Bogner, D., Herlihy, J. & Brewin, C. (2007). Impact of sexual violence on disclosure during Home Office interviews. British Journal of Psychiatry, 191, 75-81. Herlihy, J., Scragg, P. & Turner, S. (2002). Discrepancies in Autobiographical Memories: Implications for the Assessment of Asylum Seekers: repeated interviews study. British Medical Journal, 324, 324-327.

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