Download or read book Assessing Testimonial Evidence in Asylum Proceedings written by Rosemary Byrne and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Although credibility determinations rest at the core of refugee protection, international refugee law has failed to develop a body of evidentiary principles that is tailored to the unique dimensions of the testimony of those seeking asylum. This article examines recent developments in assessing oral testimony in international criminal law. International criminal law judges, like national asylum adjudicators, must transcend geographic, linguistic, cultural, educational and psychological barriers in order to assess the credibility of testimony. As a result, these new international courts have developed a body of principles of international evidence law for assessing the testimony of alleged victims of, and witnesses to, human rights abuses. Current social science research on the asylum procedures in several jurisdictions reveals that asylum decision makers often fail to adapt the determination process to account for the realities of refugees presenting their cases in legal fora, directing proceedings with a presumptive skepticism of claims. It is argued that the nuanced and rigourous model for the assessment of the testimonial evidence of alleged victims and witnesses of human rights abuses in war crimes trials introduces effective international norms for the assessment of credibility in asylum proceedings.
Download or read book Proof Evidentiary Assessment and Credibility in Asylum Procedures written by Gregor Noll and published by . This book was released on 2005 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proof Evidentiary Assessment and Credibility in Asylum Procedures The Raoul Wallenberg Institute Human Rights Library written by Gregor Noll and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, a majority of asylum cases are arguably decided on the basis of evidentiary assessment rather than issues of material law. Although the EU-wide Common European Asylum System purports to harmonise domestic practices at a minimum level, it fails to offer remedies for this crucial issue, which poses challenges for practitioners and academics alike. Without a coherent approach to evidentiary assessment, asylum law will remain fragmented and open to discretionary excess. Up to now, academic research has not addressed issues of proof and credibility in the asylum procedure to an extent reflecting its practical importance. This edited volume attempts to fill the void. Academic experts on the theory of evidence, international criminal law, human rights law, refugee law, sociology of law and psychology have contributed chapters exploring both empirical and normative dimensions of evidentiary assessment. Drawing on the results of a 12-month research project within the framework of the Refugee Research Programme and of three interdisciplinary expert conferences held at the Danish Centre for Human Rights, Copenhagen, the Institute for International Integration Studies, Dublin, and the Faculty of Law, Lund, this volume sets new parameters for an informed debate on evidence in asylum cases.
Download or read book African Asylum at a Crossroads written by Iris Berger and published by Ohio University Press. This book was released on 2015-05-15 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Asylum Medicine written by Katherine C. McKenzie and published by Springer Nature. This book was released on 2021-12-02 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Asylum medicine, a field encompassing medical forensic evaluations of asylum seekers, is an emerging discipline in healthcare. In a time of record global displacement due to human rights violations, conflict and persecution, interest in the medical and psychological evaluation of individuals subjected to torture and other ill-treatment is high. Health professionals are uniquely qualified to use their skills to make contributions to a group of vulnerable individuals fleeing danger and death in their home countries. Health professionals involved in asylum medicine perform medical and psychological forensic evaluations of asylum seekers. Their educational background prepares them to examine and describe physical and emotional scars related to trauma, and further training allows them to assess these scars in the context of persecution, describe them in a medical-legal affidavit and support these findings with testimony. Providers of asylum medicine are often involved in advocacy, as many governments become increasingly hostile to asylum seekers. Books on human rights exist, but there is no authoritative text of asylum medicine. This book presents a comprehensive overview of asylum medicine, with emphasis on the historical and legal background of asylum law, best practices for performing asylum examinations, challenges of examining detained asylum seekers, education of trainees and advocacy. Written by experts in the field, Asylum Medicine: A Clinician's Guide is a first of its kind resource for health care providers who practice asylum medicine.
Download or read book Refugee Law s Fact Finding Crisis written by Hilary Evans Cameron and published by Cambridge University Press. This book was released on 2018-05-10 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hilary Evans Cameron demonstrates how the law that governs fact-finding in refugee hearings is malfunctioning, and suggests a way forward.
Download or read book Adjudicating Refugee and Asylum Status written by Benjamin N. Lawrance and published by Cambridge University Press. This book was released on 2015-02-26 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive study offering the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process.
Download or read book The Oxford Handbook of International Refugee Law written by Cathryn Costello and published by Oxford University Press. This book was released on 2021 with total page 1337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.
Download or read book Evidence in European Asylum Procedures written by Ida Staffans and published by Martinus Nijhoff Publishers. This book was released on 2012-04-19 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on three European asylum procedures and the evidentiary assessment carried out in these. The interrelationship between these procedures and legal systems influencing them is explored and questions in relation to the harmonizing strivings of EU are posed.
Download or read book Queering Asylum in Europe written by Carmelo Danisi and published by Springer Nature. This book was released on 2021-08-31 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume open-access book offers a theoretically and empirically-grounded portrayal of the experiences of people claiming international protection in Europe on the basis of their sexual orientation or gender identity (SOGI). It shows how European asylum systems might and should treat asylum claims based on people’s SOGI in a fairer, more humane way. Through a combined comparative, interdisciplinary (socio-legal), human rights, feminist, queer and intersectional approach, this book examines not only the legal experiences of people claiming asylum on grounds of their SOGI, but also their social experiences outside the asylum decision-making framework. The authors analyse how SOGI-related claims are adjudicated in different European frameworks (European Union, Council of Europe, Germany, Italy and UK) and offer detailed recommendations to adequately address the intersectional experiences of individuals seeking asylum. This unique approach ensures that the book is of interest not only to researchers in migration and refugee studies, law and wider academic communities, but also to policy makers and practitioners in the field of SOGI asylum.
Download or read book The Law of Refugee Status written by James C. Hathaway and published by Cambridge University Press. This book was released on 2014-07-03 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.
Download or read book EOIR Immigration Judge Benchbook written by and published by . This book was released on 2013 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judging Refugees written by Anthea Vogl and published by Cambridge University Press. This book was released on 2024-03-31 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reveals the impossible demands for narrative placed on refugee applicants and their oral testimony within state processes for refugee status determination.
Download or read book The Law of Refugee Status written by James C. Hathaway and published by Cambridge University Press. This book was released on 2014-07-10 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first edition of The Law of Refugee Status (published in 1991) is generally regarded as the seminal text on interpreting the refugee definition set by the UN's 1951 Refugee Convention. Its groundbreaking analysis served as the bedrock for not only much judicial reasoning, but also for a burgeoning academic literature in law and related fields. This second edition builds on the strong critical focus and human rights orientation of the first edition, but undertakes an entirely original analysis of the jurisprudence of leading common law and select civil law states. The authors provide robust responses to the most difficult questions of refugee status in a clear and direct way. The result is a comprehensive and truly global analysis of the central question in asylum law: who is a refugee?
Download or read book Exclusion from Protection as a Refugee written by Yao Li and published by BRILL. This book was released on 2017-09-11 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Exclusion from Protection as a Refugee, Yao Li analyses Article 1F of the 1951 Refugee Convention. She argues that the exclusion clause is a quasi-punitive provision and must therefore be interpreted with due regard to (International) Criminal Law. Having developed an interpretation approach to consider external legal notions, Li provides a solution for all the relevant issues in the context of Article 1F, based on a “harmonizing interpretation”. The study therefore not only comprehensively examines the exclusion clause at the intersection of International Refugee Law and International Criminal Law, but also contributes to anti-fragmentation efforts in International Law.
Download or read book Scottish Criminal Evidence Law written by Peter Duff and published by Edinburgh University Press. This book was released on 2018-12-31 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why did Enlightenment happen in Edinburgh?
Download or read book Asylum Determination in Europe written by Nick Gill and published by Springer. This book was released on 2018-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
