The results indicate the importance of shame, dissociation and psychopathology in disclosure and support the need for immigration procedures sensitive to these issues. Judgments that late disclosure is indicative of a fabricated asylum claim must take into account the possibility of factors related to sexual violence and the circumstances of the interview process itself.
When someone flees their country and seeks the protection of another state, they usually have to describe what happened to make them afraid to return. This task requires many psychological processes, a key one being autobiographical memory. Memory for events of a specific time and place in one's personal past is the subject of a huge literature, much of it showing that recall is vulnerable to distortions and biases. We review selected areas of this literature, shedding light on some of the processes at work when someone seeks to be recognised as a refugee-in particular, the effects of emotion, including emotional disorder. We then turn to the differing types of memory styles seen in different cultures. Crucial to this area, we briefly examine the current literature on deception. Finally, we draw on the reviewed literature to present conclusions about the reliance on autobiographical memories in the asylum process.
The asylum processAsylum processes differ across countries, but the basic procedure, as it operates in the West, is the same-offering an account (i.e. making a claim), a first decision (often by the state) and an appeal process. Using the UK as an example, the first step in claiming asylum is to give basic details and an explanation as to how the individual believes
In order to claim recognition as a refugee, individuals must give a 'plausible' account of persecution. Decision makers must then decide on the truthfulness of the account, and whether the person fits the legal definition of a refugee. Decision makers often have little corroborating evidence, and must make an assessment of credibility, largely a subjective response, involving a reliance on assumptions about human behaviour, judgements, attitudes, and how a truthful account is presented. This article describes a study of the assumptions in judgments made by UK immigration judges. Assumptions were defined and a coding structure used to systematically extract a list of assumptions from a series of written determinations. These assumptions were then submitted to an inductive thematic analysis. The resulting themes are compared briefly to the psychological and psychiatric literature, raising the question of whether assumptions used in asylum decision making are in line with current empirical evidence about human behaviour. The article recommends cross-disciplinary research to build an evidence base in order to help inform the decision making process in this crucial area of law.
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