Report looks at how factors such as the performance of judge and representatives and the presentation of evidence contribute to a 'culture of disbelief'
A new report by the Refugee Studies Centre at the University of Oxford examines evidence of a 'culture of disbelief' in the UK asylum system.
You can read the 21-page report here.
The report aims to contribute to emerging academic literature on the culture of disbelief by asking how and to what extent it manifests through the performance of law.
In conducting the research, the authors visited Taylor House between November 2012 and January 2013 to observe nine complete and five partial asylum appeal hearings. They also spoke with judges and solicitors, and conducted two key informant interviews.
The report examines how factors such as the layout of a typical courtroom, the performance of judges and representatives, and the presentation of evidence affect the outcome of asylum cases.
The authors observed that "inconsistency in the posture and personality of actors from one case to another led us, as outsiders, to perceive the performance of law in this environment as being prone to confusion and scepticism, or 'disbelief'. We thus believe that certain behaviours of the judge and other actors can negatively impact the balance of space for the substantiation of a claim, and thus contribute to a culture of disbelief."
The report highlights how the preparation of bundles greatly impacts the ease or difficulty of exploring evidence and establishing credibility.
"We found that the bundle and the treatment of evidence therein opened and closed the space for substantiation of a claim based on its organisation as well as the capability and preparation of the representative wielding it as a tool," the reports says.
The reports finds "[a] well-organised bundle leads to ease in the presentation and examination of evidence," whereas "[p]oorly organised bundles in the hands of unprepared actors were a key cause of chaos and confusion in the courtroom."
The authors noted that an underprepared representative is not able to challenge the Home Office Presenting Officer's dismissal of the evidence, thus "underlining the importance of asylum seekers’ access (or lack thereof) to high-quality legal counsel."
The report also looked at interpreters and found "interpreter's actions, personality, and expertise also have an impact on court dynamics, at times obstructing communication, contrary to their intended role."
In concluding, the authors argue that none of the elements studied individually constituted a culture of disbelief: "Instead, we observed the interplay of actors, evidence and translation jointly obstructing this space and creating an overall atmosphere of disorganisation, confusion and chaos in many hearings. The combination of these elements creates a negative decision-making environment, which seems to heighten the risk that an otherwise legitimate asylum seeker might be denied refugee status. We thus argue that these elements of performance within the courtroom constitute the manifestation of a culture of disbelief."