The art of the (im)possible: legislators' experiences of the lawmaking process when reforming migration law

Hedlund, Daniel; Cederborg, Ann-Christin; Zamboni, Mauro

doi:10.1080/20508840.2016.1158391

Cited by 3 publications

(2 citation statements)

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“…Both the content of particularly distressing circumstances and its application for children has been much debated among politicians, non-governmental organisations and refugee activists (Hedlund and Cederborg, 2015; Hedlund et al , 2016). Following the best interests of the child principle in the Swedish Aliens Act, the evidence threshold for granting residency on the grounds of Particularly Distressing Circumstances is lower than that of adults.…”

Section: First-decision Outcomesmentioning

confidence: 99%

“…However, assessing credibility implies subjective as well as normative considerations (Schoultz, 2014; Wikström and Johansson, 2013). When the applicant is a minor, the practice of assessing credibility can be even more challenging due to the coexistence of diverging perspectives on children’s capacities and ideal childhoods in both policy and policy implementation (Hedlund et al , 2016; Boyden, 1997). Indeed, we know from previous research that unaccompanied minors’ asylum claims have not been sufficiently attended to in many destination countries, and that credibility themes have been used to challenge and reject their asylum claims (Crock, 2006; Crock et al , 2012; Estrada, 2008; Hunter, 2001).…”

Section: Introductionmentioning

confidence: 99%

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Constructions of credibility in decisions concerning unaccompanied minors

Hedlund

2017

IJMHSC

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Purpose The purpose of this paper is to explore the key credibility principles used by Migration Agency case-officers in Sweden. More specifically it analyses how they construct arguments about asylum-seeking unaccompanied minors’ credibility in first-decisions. Design/methodology/approach The study is inspired by a social constructionist approach to discourse and explores how case-officers construct legally legitimate arguments about credibility. The qualitative text analysis is focused on discursive practice. The data selected for analysis consists of 827 excerpts containing case-officers’ credibility reasoning deducted from a sample of 916 decisions. Findings The main finding is that case-officers question unaccompanied minors by using argumentative techniques in which children appear to be expected to deliver detailed and coherent accounts. In addition, unaccompanied minors’ knowledge-claims can be questioned regardless of decision outcome (rejection or approval). As unaccompanied minors’ claims for asylum appear to be questioned in such an extensive manner, their humanitarian claims also seem to be reduced. The findings of this study suggest that there is a risk that the possibility to be understood as a legitimate asylum seeker, worthy of residency, can be restricted for unaccompanied minors. Practical implications The findings indicate that when case-officers base their understanding of credibility on unaccompanied children’s individual life experiences they make use of a limited repertoire of arguments. Originality/value This study contributes to insights about how case-officers fulfil legal expectations when assessing unaccompanied minors’ credibility. The findings can be of interest to both legal and social science as well policy planners and immigration practitioners.

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Section: First-decision Outcomesmentioning

confidence: 99%