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Author: Anthony Good
Publisher: Routledge
ISBN: 1135308861
Category : Law
Languages : en
Pages : 326
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Book Description
Offering an analysis of asylum processes in UK courts, this study of asylum as an aspect of globalization focuses on the role of anthropologists as expert witnesses and compares the use of social, scientific and medical evidence in decision-making.
Author: Anthony Good
Publisher: Routledge
ISBN: 1135308861
Category : Law
Languages : en
Pages : 326
Get Book Here
Book Description
Offering an analysis of asylum processes in UK courts, this study of asylum as an aspect of globalization focuses on the role of anthropologists as expert witnesses and compares the use of social, scientific and medical evidence in decision-making.
Author: Anthony Good
Publisher: Routledge
ISBN: 1135308853
Category : Law
Languages : en
Pages : 526
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Book Description
Although asylum has generated unparalleled levels of public and political concern over the past decade, there has been astonishingly little field research on the topic. This is a study of the legal process of claiming asylum from an anthropological perspective, focusing on the role of expert evidence from 'country experts' such as anthropologists. It describes how such evidence is used in assessments of asylum claims by the Home Office and by adjudicators and tribunals hearing asylum appeals. It compares uses of social scientific and medical evidence in legal decision-making and analyzes, anthropologically, the legal uses of key concepts from the 1951 Refugee Convention, such as 'race', 'religion', and 'social group'. The evidence is drawn from field observation of more than 300 appeal hearings in London and Glasgow; from reported case law and from interviews with immigration adjudicators, tribunal chairs, barristers and solicitors, as well as expert witnesses.
Author: Iris Berger
Publisher: Ohio University Press
ISBN: 0821445189
Category : Political Science
Languages : en
Pages : 156
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Book Description
African Asylum at a Crossroads: Activism, Expert Testimony, and Refugee Rights examines the emerging trend of requests for expert opinions in asylum hearings or refugee status determinations. This is the first book to explore the role of court-based expertise in relation to African asylum cases and the first to establish a rigorous analytical framework for interpreting the effects of this new reliance on expert testimony. Over the past two decades, courts in Western countries and beyond have begun demanding expert reports tailored to the experience of the individual claimant. As courts increasingly draw upon such testimony in their deliberations, expertise in matters of asylum and refugee status is emerging as an academic area with its own standards, protocols, and guidelines. This deeply thoughtful book explores these developments and their effects on both asylum seekers and the experts whose influence may determine their fate. Contributors: Iris Berger, Carol Bohmer, John Campbell, Katherine Luongo, E. Ann McDougall, Karen Musalo, Tricia Redeker Hepner, Amy Shuman, Joanna T. Tague, Meredith Terretta, and Charlotte Walker-Said.
Author: Benjamin N. Lawrance
Publisher: Cambridge University Press
ISBN: 1316195112
Category : Political Science
Languages : en
Pages : 281
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Book Description
In this book, legal, biomedical, psychosocial, and social science scholars and practitioners offer the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process. This volume presents a comprehensive study of the relevance of experts, as mediators of culture, who are called upon to corroborate, substantiate credibility, and serve as translators in the face of confusing legal standards that require proof of new forms and reasons for persecution around the globe. The authors provide insights into the evidentiary burdens on asylum seekers and the expanding role of expertise in the forms of country-conditions reports, biomedical and psychiatric evaluations, and the emerging field of forensic linguistic analysis in response to emerging forms of persecution, such as gender-based or sexuality-based persecution.
Author: ChorSwang Ngin
Publisher: Rowman & Littlefield
ISBN: 1498574742
Category : Social Science
Languages : en
Pages : 267
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Book Description
ChorSwang Ngin radically shifts the asylum-seeking narrative by focusing on rarely heard stories of persecution and escape from China and southeast Asia. Identities on Trial in the United States weaves together the cases of a tortured student from a Myanmar prison, an apostate of Islam, several victims of ethnic and sexual violence from Indonesia, and the escape of men and women from China’s draconian one-child policy, among others. Joann Yeh, an immigration attorney and contributor to this work, examines asylum seeking in a Mandarin-speaking Californian community and discuss the failure of the United States' quasi-judicial immigration system, highlighting "asylum lawfare" in courtroom dramas and arguing for an anthropological advantage in asylum preparation. This book is an essential text for policy makers, students, lawyers, activists, and those engaged with migration studies seeking a more just asylum outcome.
Author: Livia Holden
Publisher: MDPI
ISBN: 3039280503
Category : Social Science
Languages : en
Pages : 94
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Book Description
Cultural expertise in the form of expert opinions formulated by social scientists appointed as experts in the legal process is not different from any other kind of expertise in court. In specialised fields of law, such as native land titles in America and in Australia, the appointment of social scientists as experts in court is a consolidated practice. This Special Issue focuses on the contemporary evolution and variation of cultural expertise as an emergent concept providing a conceptual umbrella for a variety of evolving practices, which all include use of the specialised knowledge of social sciences for the resolution of conflicts. It surveys the application of cultural expertise in the legal process with an unprecedented span of fields ranging from criminology and ethnopsychiatry to the recognition of the rights of autochthone minorities including linguistic expertise, and modern reformulation of cultural rights. In this Special Issue, the emphasis is on the development and change of culture-related expert witnessing over recent times, culture-related adjudication, and resolution of disputes, criminal litigation, and other kinds of court and out-of-court procedures. This Special Issue offers descriptions of judicial practices involving experts in local laws and customs and surveys of the most frequent fields of expert witnessing that are related with culture; interrogates who the experts are, their links with local communities, and also with the courts and the state power and politics; how cultural expert witnessing has been received by judges; how cultural expertise has developed across the sister disciplines of history and psychiatry; and eventually, it asks whether academic truth and legal truth are commensurable across time and space.
Author: Nick Gill
Publisher: Springer
ISBN: 3319947494
Category : Asylum, Right of
Languages : en
Pages : 346
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Book Description
Drawing on new research material from ten European countries, Asylum Determination in Europe: Ethnographic Perspectives brings together a range of detailed accounts of the legal and bureaucratic processes by which asylum claims are decided.The book includes a legal overview of European asylum determination procedures, followed by sections on the diverse actors involved, the means by which they communicate, and the ways in which they make life and death decisions on a daily basis. It offers a contextually rich account that moves beyond doctrinal law to uncover the gaps and variances between formal policy and legislation, and law as actually practiced. The contributors employ a variety of disciplinary perspectives - sociological, anthropological, geographical and linguistic - but are united in their use of an ethnographic methodological approach. Through this lens, the book captures the confusion, improvisation, inconsistency, complexity and emotional turmoil inherent to the process of claiming asylum in Europe.
Author: Yeo, Colin
Publisher: Policy Press
ISBN: 1529219981
Category : Law
Languages : en
Pages : 286
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Book Description
The word ‘refugee’ is both evocative and contested; it means different things to different people. For lawyers, the main legal reference point is the UN Refugee Convention of 1951. This concise and engaging book follows the structure of the Convention to explore international refugee law. Including an introduction to the historical and legal context, Colin Yeo draws on his experience as an immigration barrister to explain the present-day legal framework for global refugee protection. Chapters consider: • well-founded fear; • persecution; • the loss of refugee status and exclusion; • the rights of refugees; • and state responses to refugee claims. The book includes studies of key legal cases, reviews the successes and failures of the Convention and looks ahead to the future, including the impact of climate change and the Global Compact on Refugees. Communicating important legal concepts in an approachable way, this is an essential guide for students, lawyers and non-specialists.
Author: Peter L. Patrick
Publisher: Springer
ISBN: 331979003X
Category : Language Arts & Disciplines
Languages : en
Pages : 274
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Book Description
This comprehensive, up-to-date volume reports on current practices and use of Language Analysis for the Determination of Origin (LADO). Readers will find chapters on how it is done, where it is used, how it is used, and learn about recent developments on the use of LADO reports in judicial practice, and current controversies in the field. LADO is a highly controversial topic, and a relatively new branch of forensic linguistics that is used by most European and some non-European governments. When asylum seekers cannot submit documentary proof of their origin, their language can be analysed in order to assess whether their linguistic profile is in accordance with their stated origin. Around 10,000 such language analyses take place annually. This volume is based on the series of meetings of the Language and Asylum Research Group held between 2010 and 2012 and convened by the editors, and offers a state-of-the art perspective from researchers, practitioners, policymakers and stakeholders working on or with LADO.
Author: Geoffrey Brahm Levey
Publisher: Routledge
ISBN: 131753591X
Category : Political Science
Languages : en
Pages : 240
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Book Description
The concept of "authenticity" enters multicultural politics in three distinct but interrelated senses: as an ideal of individual and group identity that commands recognition by others; as a condition of individuals’ autonomy that bestows legitimacy on their values, beliefs and preferences as being their own; and as a form of cultural pedigree that bestows legitimacy on particular beliefs and practices (commonly called "cultural authenticity"). In each case, the authenticity idea is called on to anchor or legitimate claims to some kind of public recognition. The considerable work asked of this concept raises a number of vital questions: Should "authenticity" be accorded the importance it holds in multicultural politics? Do its pitfalls outweigh its utility? Is the notion of "authenticity" avoidable in making sense of and evaluating cultural claims? Or does it, perhaps, need to be rethought or recalibrated? Geoffrey Brahm Levey and his distinguished group of philosophers, political theorists, and anthropologists challenge conventional assumptions about "authenticity" that inform liberal responses to minority cultural claims in Western democracies today. Discussing a wide range of cases drawn from Britain and continental Europe, North America, Australia and the Middle East, they press beyond theories to consider also the practical and policy implications at stake. A helpful resource to scholars worldwide in Political and Social Theory, Political Philosophy, Legal Anthropology, Multiculturalism, and, more generally, of cultural identity and diversity in liberal democracies today.
