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25 - Discourse and Narrative in Legal Settings: The Political Asylum Process

from Part V - Ethics, Inequality and Inclusion

Published online by Cambridge University Press:  28 September 2020

Anna De Fina
Affiliation:
Georgetown University, Washington DC
Alexandra Georgakopoulou
Affiliation:
King's College London
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Summary

Legal assessments of whether applicants qualify for political asylum in a country of refuge rely primarily on the applicants’ narratives and on their answers to questions posed by immigration officials during a face-to-face hearing. It is incumbent upon the applicants to attempt to persuade the officials of their credibility and of the merits of their case. In their assessments, the officials take into account the applicant’s demeanor, ability to recount a coherent narrative, and other often unarticulated measures of credibility. Lacking other evidence, or in the face of disputed identity documents, assessments of discourse are central to political asylum decisions. This chapter reviews what is now substantial research on the role of discourse in political asylum hearings and decisions. It considers how mistranslation and the failure to determine an applicant’s dialect have resulted in significant mistakes. It reviews the scholarship on demeanor and reported speech acts (e.g. bribery and threats). Our primary focus is on the dimensions of narrative in the political asylum process. We begin with the largest issues posed by the narration of trauma; the difficulties faced by people who have suffered atrocities are sometimes so beyond comprehension that they escape memory and narrative. In a close examination of narrative form and structure, we discuss how narrative fails in the asylum process, for example in misplaced orienting details, in the use of repetition, in attention to what the officials regard as extraneous information, in what is omitted (especially during accounts of rape) or in accounts that appear to be memorized or that contain stock elements that have become too familiar to the officials. Our discussion of narrative attends to the ways in which discourses are evaluated as too familiar or too strange. Finally, we consider the significant roles played by discourse analysts in the political asylum process.

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Publisher: Cambridge University Press
Print publication year: 2020

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References

Further Reading

This volume provides global perspectives on the laws and policies of political asylum.

This volume remains a foundational study on the ways in which narratives function in legal settings.

This is an important study of the gendered dimension of asylum.

Berthold, S. M. and Libal, K. R. (eds.) (2019). Refugees and Asylum Seekers: Interdisciplinary and Comparative Perspectives. Santa Barbara, CA: Praeger.Google Scholar
Jacquemet, M. (1996). Credibility in Court: Communicative Practices in the Camorra Trials. Vol. 14. Cambridge: Cambridge University Press.Google Scholar
McKinnon, S. (2016). Gendered Asylum: Race and Violence in U.S. Law and Politics. Urbana: University of Illinois Press.Google Scholar

References

Adelson, W. (2004). Economic Migrants and Asylum Seekers in the U.K.: Crafting the Difference. Michigan Journal of Public Affairs 1: 125.Google Scholar
Barsky, R. F. (1994). Constructing a Productive Other: Discourse Theory and the Convention Refugee Hearing, Vol. 29. Amsterdam: John Benjamins.Google Scholar
Bauman, R. and Briggs, C. L. (1990). Poetics and Performances as Critical Perspectives on Language and Social Life. Annual Review of Anthropology 19(1): 5988.Google Scholar
Baynham, M. and De Fina, A. (2005). Dislocations, Relocations, Narratives of Migration. Manchester: St. Jerome.Google Scholar
Berger, I., Hepner, T. R., Larance, B. N., Tague, J. T. and Terretta, M. (2015). African Asylum at a Crossroads: Activism, Expert Testimony, and Refugee Rights. Athens, OH: Ohio University Press.CrossRefGoogle Scholar
Blommaert, J. (2001). Investigating Narrative Inequality: African Asylum Seekers’ Stories in Belgium. Discourse & Society 12(4): 413–49.CrossRefGoogle Scholar
Blommaert, J. and Maryns, K. (2000). Stylistic and Thematic Shifting as a Narrative Resource: Assessing Asylum Seekers’ Repertoires. Working Papers on Language, Power & Identity 6. Ghent: Belgium Department of Education. http://hdl.handle.net/1854/LU-122620.Google Scholar
Bohmer, C. and Shuman, A. (2007). Producing Epistemologies of Ignorance in the Political Asylum Application Process. Identities: Global Studies in Culture and Power 14(5): 603–29.CrossRefGoogle Scholar
Bohmer, C. and Shuman, A. (2008). Rejecting Refugees: Political Asylum in the 21st Century. London: Routledge.Google Scholar
Bohmer, C. and Shuman, A. (2017). Political Asylum Deceptions: The Culture of Suspicion. New York: Palgrave.Google Scholar
Briggs, C. L. (ed.) (1996). Disorderly Discourse: Narrative, Conflict, & Inequality, Vol. 7. Oxford: Oxford University Press.Google Scholar
Brockmeier, J. (2002). Remembering and Forgetting: Narrative as Cultural Memory. Culture and Psychology 8(1): 1543.CrossRefGoogle Scholar
Brooks, P. and Gewirtz, P. (eds.) (1998). Law’s Stories: Narrative and Rhetoric in the Law. New Haven, CT: Yale University Press.Google Scholar
Bruner, J. (2010). Narrative, Culture, and Mind. In Schiffrin, D., De Fina, A. and Nylund, A. (eds.) Telling Stories: Language, Narrative, and Social Life. Washington, DC: Georgetown University Press. 45–9.Google Scholar
Byrne, R. et al. (eds.) (2008). The Refugee Law Reader. Budapest: Hungarian Helsinki Committee.Google Scholar
Cabot, H. (2013). The Social Aesthetics of Eligibility: NGO Aid and Indeterminacy in the Greek Asylum Process. American Ethnologist 40(3): 452–66.Google Scholar
Conley, J. M. and O’Barr, W. M. (1998). Just Words: Law, Language, and Power. Chicago, IL: University of Chicago Press.Google Scholar
Coutin, S. B. (2001). The Oppressed, the Suspect, and the Citizen: Subjectivity in Competing Accounts of Political Violence. Law & Social Inquiry 26(1): 6394.Google Scholar
Daniel, E. V. (1996). Charred Lullabies: Chapters in an Anthropology of Violence. Princeton, NJ: Princeton University Press.Google Scholar
Daniel, E. V. and Knudsen, J. (eds.) (1995). Mistrusting Refugees. Berkeley: University of California Press.Google Scholar
De Fina, A. (2003). Crossing Borders: Time, Space, and Disorientation in Narrative. Narrative Inquiry 13(2): 367–91.CrossRefGoogle Scholar
Department of Homeland Security. (n.d.). U.S. Citizenship and Immigration Services I-589 Application for Asylum and for Withholding of Removal.Google Scholar
Eastmond, M. (2007). Stories as Lived Experience: Narratives in Forced Migration Research. Journal of Refugee Studies 20(2): 248–64.CrossRefGoogle Scholar
Erikson, K. (1994). A New Species of Trouble: The Human Experience of Modern Disasters. New York: W.W. Norton.Google Scholar
Goldstein, D. (2015). Vernacular Turns: Narrative, Local Knowledge, and the Changed Context of Folklore. Journal of American Folklore 128(508): 125–45.Google Scholar
Good, A. (2003). Anthropologists as Experts: Asylum Appeals in British Courts. Anthropology Today 19(5): 37.Google Scholar
Herlihy, J. et al. (2002). Discrepancies in Autobiographical Memories: Implications for the Assessment of Asylum Seekers. British Medical Journal 324: 324.CrossRefGoogle ScholarPubMed
Herman, D. (2002). Story Logic: Problems and Possibilities of Narrative. Lincoln, NE: University of Nebraska Press.Google Scholar
Horigan, K. P. (2018). Consuming Katrina: Public Disaster and Personal Narrative. Jackson: University Press of Mississippi.Google Scholar
Jacquemet, M. (1996). Credibility in Court: Communicative Practices in the Camorra Trials, Vol. 14. Cambridge: Cambridge University Press.Google Scholar
Jacquemet, M. (2005a). The Registration Interview: Restricting Refugees’ Narrative Performances. In Baynham, M. and De Fina, A. (eds.) Dislocations, Relocations, Narratives of Migration. Manchester: St. Jerome. 194216.Google Scholar
Jacquemet, M. (2005b). Transidiomatic Practices: Language and Power in an Age of Globalization. Language & Communication 25: 257–77.Google Scholar
Josselson, R. (2004). The Hermeneutics of Faith and the Hermeneutics of Suspicion. Narrative Inquiry 14(1): 128.CrossRefGoogle Scholar
Labov, W. (1972). The Transformation of Experience in Narrative Syntax. In Labov, W. (ed.) Language in the Inner City: Studies in the Black English Vernacular. Philadelphia: University of Pennsylvania Press. 354–96.Google Scholar
Lewis, R. A. (2013). Deportable Subjects: Lesbians and Political Asylum. Feminist Formations 25(2): 174–94.Google Scholar
Macklin, A. (1998). Truth and Consequences: Credibility Determinations in the Refugee Context. Conference Paper, International Association of Refugee Law Judges.Google Scholar
Malkki, L. H. (2007). Commentary: The Politics and Trauma of Asylum: Universals and Their Effects. Ethos 35(3): 336–43.CrossRefGoogle Scholar
Maryns, K. (2014). The Asylum Speaker: Language in the Belgian Asylum Procedure. London: Routledge.Google Scholar
McCormick, K. (2005). Working with Webs: Narrative Constructions of Forced Removal and Relocation. In Baynham, M. and De Fina, A. (eds.) Dislocations, Relocations, Narratives of Migration. Manchester: St. Jerome. 143–73.Google Scholar
McDougall, E. A. (2015). The Immigration People Know the Stories: There’s One for Each Country. In Berger, I. et al. (eds.) African Asylum at a Crossroads: Activism, Expert Testimony, and Refugee Rights. Athens, OH: Ohio University Press. 121–40.Google Scholar
Medved, M. I. and Brockmeier, J. (2008). Continuity amid Chaos: Neurotrauma, Loss of Memory, and Sense of Self. Qualitative Health Research 18(4): 469–79.Google Scholar
Millbank, J. (2009). “The Ring of Truth”: A Case Study of Credibility Assessment in Particular Social Group Refugee Determination. International Journal of Refugee Law 21: 133.CrossRefGoogle Scholar
Modan, G. and Shuman, A. (2011). Positioning the Interviewer: Strategic Uses of Embedded Orientation in Interview Narratives. Language and Society 40: 1325.Google Scholar
Minnow, M. (1998). Stories in Law. In Brooks, P. and Gewirtz, P. (eds.) Law’s Stories: Narrative and Rhetoric in the Law. New Haven, CT: Yale University Press. 2437.Google Scholar
Paskey, S. (2016). Telling Refugee Stories: Trauma, Credibility, and the Adversarial Adjudication of Claims for Asylum. Santa Clara Law Review 56(3): 457530.Google Scholar
Phelan, J. (2007). Estranging Unreliability, Bonding Unreliability, and the Ethics of Lolita. Narrative 15(2): 222–38.Google Scholar
Philips, S. U. (1992). Evidentiary Standards for American Trials: Just the Facts. In Hill, J. H. and Irvine, J. T. (eds.) Responsibility and Evidence in Oral Discourse. Cambridge: Cambridge University Press. 248–59.Google Scholar
Ricoeur, P. (1981). Hermeneutics and the Human Sciences, ed. and trans. by Thompson, J. B.. Cambridge: Cambridge University Press.Google Scholar
Shuman, A. (2005). Other People’s Stories: Entitlement Claims and the Critique of Empathy. Urbana: University of Illinois Press.Google Scholar
Shuman, A. and Bohmer, C. (2004). Representing Trauma: Political Asylum Narrative. Journal of American Folklore 117(466): 394414.Google Scholar
Shuman, A. and Bohmer, C. (2018). Political Asylum Narratives and the Construction of Suspicious Subjects. In Haas, B. and Shuman, A. (eds.) Technologies of Suspicion and the Ethics of Obligation in Political Asylum. Athens, OH: Ohio University Press. 245–64.Google Scholar
Smith-Kahn, L. (2017). Telling Stories: Credibility and the Representation of Social Actors in Australian Asylum Appeals. Discourse & Society 28(5): 512–34.Google Scholar
Souter, J. (2011). A Culture of Disbelief or Denial? Critiquing Refugee Status Determination in the United Kingdom. Oxford Monitor of Forced Migration 1(1): 4859.Google Scholar
Travers, M. (2006). Understanding Talk in Legal Settings: What Law and Society Studies Can Learn from a Conversation Analyst. Law & Social Inquiry 31(2): 447–65.Google Scholar
Trinch, S. (2010). Disappearing Discourse: Performative Texts and Identity in Legal Contexts. Critical Inquiry in Language Studies 7(2–3): 207–29.Google Scholar
Trinch, S. L. and Berk-Seligson, S. (2002). Narrating in Protective Order Interviews: A Source of Interactional Trouble. Language in Society 31(3): 383418.Google Scholar
Vogl, A. (2013). Telling Stories from Start to Finish: Exploring the Demand for Narrative in Refugee Testimony. Griffith Law Review 22(1): 6386.Google Scholar
Warhol, R. (2005). Neonarrative, or, How to Render the Unnarratable in Realist Fiction and Contemporary Film. In Phelan, J. and Rabinowitz, P. (eds.) Blackwell Companion to Narrative Theory. Oxford: Blackwell. 220–31.Google Scholar
Wood, E. J. (2008). The Social Processes of Civil War: The Wartime Transformation of Social Networks. Annual Review of Political Science 11: 539–61.CrossRefGoogle Scholar
Woolley, A. (2017). Narrating the “Asylum Story”: Between Literary and Legal Storytelling. Interventions 19(3): 376–94.CrossRefGoogle Scholar
Zagor, M. (2011). Recognition and Narrative Identities: The Legal Creation, Alienation and Liberation of the Refugee. ANU College of Law Research Paper No. 11–22. https://ssrn.com/abstract=1906507.Google Scholar

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