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Foreword xi
Abbreviations xiii
Table of cases xv
Table of statutes xxiii
Table of statutory instruments xxv
Prologue: Tales of persecution 1
Asylum as a social and political problem 5
The emergence of the refugee 5
The scale of the 'problem' 7
Background to the research 10
Anthropologists and lawyers 15
The fall and rise of the anthropology of law 15
Legal and anthropological discourses 25
Anthropology in the courts 34
Studying asylum 39
Previous studies of asylum processes 39
Research methods 42
Convention refugees: an anthropological approach 47
The Refugee Convention in the European Union 47
UK interpretations of the 1951 Convention 50
'Well-founded fear' 51
'Of being persecuted' 54
'For reasons of race' 63
'Religion' 66
'Nationality' 73
'Membership of a particular social group' 74
'Political opinion' 84
'Outside the country of hisnationality' 87
'Unable [or] unwilling' 87
Gender and sexuality 91
UNHCR and IND: an overview 96
Claiming asylum 99
Processing and assessing applications 99
Appeal hearings 105
The hearing process 109
Certification 117
Tribunal hearings 119
Outcomes 122
Expert evidence 129
'Objective evidence' 129
A brief history of expert witnesses 131
The duties of expert witnesses 136
Reliability and admissibility of expert evidence 140
Instructing 'country experts' 146
Expert reports 148
Interpretation 153
Interpreters in the asylum process 153
Interpretation problems 157
The impact of interpreters on asylum hearings 166
Cultural (mis)translation 170
Translation and performance 182
Assessing credibility 187
Principles of credibility assessment 187
Telling their stories 190
Judicial assessments of credibility 194
Country experts and credibility assessments 198
Medical experts and credibility 203
Experts and judicial hegemony 208
Weighing expert evidence 211
The notion of evidential weight 211
Home Office Country Assessments 212
Weighing expert evidence 216
Bias and objectivity 222
Oral expert evidence 226
Multiple experts: the Karanakaran appeal 229
Tribunals as experts 233
Judicial pragmatism 237
Reaching decisions 239
Judicial reasoning 239
The standard and burden of proof 240
The 'chemistry of unanimity' 243
Risk assessment in asylum decision making 245
Determinations and decisions 248
Risk, authority and expertise 253
The social construction of risk 253
The complicity of the expert 257
One-way tickets v. The Sword of Damocles 261
Postscript 267
Bibliography 271
Index 287
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Add Anthropology and Expertise in the British Asylum Courts, 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 perspe, Anthropology and Expertise in the British Asylum Courts to the inventory that you are selling on WonderClubX
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Add Anthropology and Expertise in the British Asylum Courts, 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 perspe, Anthropology and Expertise in the British Asylum Courts to your collection on WonderClub |