Proof, evidentiary assessment and credibility in asylum procedures / edited by Gregor Noll.

Format:

Book

Contributor:

Noll, Gregor.

Series:

Raoul Wallenberg Institute human rights library ; v. 16.

The Raoul Wallenberg Institute human rights library ; v. 16

Language:

English

Subjects (All):

Asylum, Right of.

Evidence (Law).

Administrative courts.

Political refugees.

Physical Description:

1 online resource (248 p.)

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : M. Nijhoff Publishers, 2005.

Language Note:

English

Summary:

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.

Contents:

TABLE OF ABBREVIATIONS

ACKNOWLEDGEMENTS

CHAPTER 1 INTRODUCTION: REMAPPING EVIDENTIARY ASSESSMENT IN ASYLUM PROCEDURES Gregor Noll

A - DISCOURSES, PROCEDURES AND CONCEPTS

CHAPTER 2 COMPETING PATTERNS FOR EVIDENTIARY ASSESSMENTS Henrik Zahle

CHAPTER 3 EVIDENTIARY ASSESSMENT AND NON-REFOULEMENT: INSIGHTS FROM CRIMINAL PROCEDURE Aleksandra Popovic

B - LESSONS LEARNT ON THE BASIS OF DOMESTIC EXPERIENCESM

CHAPTER 4 THE BORDERLINE BETWEEN QUESTIONS OF FACT AND QUESTIONS OF LAW Jens Vedsted-Hansen

CHAPTER 5 STEREOTYPING AND ACCELERATION - GENDER, PROCEDURAL ACCELERATION AND MARGINALISED JUDICIAL REVIEW IN THE DUTCH ASYLUM SYSTEM Thomas Spijkerboer

CHAPTER 6 ON BEING HEARD IN ASYLUM CASES - EVIDENTIARY ASSESSMENT THROUGH ASYLUM INTERVIEWS Nienke Doornbos

CHAPTER 7 EVIDENTIARY ASSESSMENT AND PSYCHOLOGICAL DIFFICULTIES

Jane Herlihy

C - THE GUIDING POTENTIAL OF INTERNATIONAL LAW

CHAPTER 8 EVIDENTIARY ASSESSMENT UNDER THE REFUGEE CONVENTION: RISK, PAIN AND THE INTERSUBJECTIVITY OF FEAR Gregor Noll

CHAPTER 9 EXCLUSION AND EVIDENTIARY ASSESSMENT Geoff Gilbert

CHAPTER 10 CREDIBILITY IN CHANGING CONTEXTS: INTERNATIONAL JUSTICE AND INTERNATIONAL PROTECTION Rosemary Byrne

D - EPILOGUE

CHAPTER 11 SALVATION BY THE GRACE OF STATE? EXPLAINING CREDIBILITY ASSESSMENT IN THE ASYLUM PROCEDURE Gregor Noll

INDEX; BIBLIOGRAPHY (SELECT)

TABLE OF CASES

AUTHORS' BIOGRAPHIES.

Notes:

Description based upon print version of record.

Description based on print version record.

Includes bibliographical references and index.

ISBN:

1-280-86702-7

9786610867028

1-4294-2718-3

90-474-0619-2

1-4337-0421-8

OCLC:

476024400

Publisher Number:

10.1163/9789047406198 DOI