Recently Prof. Amina Memon and Dr Zoe Given-Wilson developed a briefing paper for Immigration Law Practitioners’ Association (ILPA).  A summary is below, and full briefing is in the Research Hub page.

A narrow cultural lens and one that relies on research conducted extensively with Western European or North American can result in an erroneous judgement about how the statement of a person seeking asylum should look and be communicated.  The potential for this to have a negative impact on credibility will also be considered.

In the asylum context, the interviewer and interviewee (i.e. the person seeking asylum) commonly have different culture, values, language and ways of understanding the world. Layer on top of this the challenge of an interview taking place in a second language (e.g. English) or via an interpreter. Both are operating in less-than-optimal conditions.

The task of the interviewer is to elicit a detailed narrative and the interviewee to disclose personal details including factual, verifiable information which may include an interpretable account of intimate and/or distressing experiences. The applicant is expected to share confidences, perhaps for the first time and with clarity, consistency, and coherence with the person in authority, a stranger.  The interviewer and decision maker then determine if the account is a truthful, credible one. Most commonly there is an expectation of consistency both within and across different interviews/interviewers and often within a culture of disbelief.

The cultural background of an asylum applicant can determine (1) what is remembered; (2) how much detail is provided; and (3) how that individual may come across in an interview. It cannot be assumed that individuals who come from the same country or continent will necessarily present in the same way.  When it comes to what is reported, both the consistency and level of detail can vary with how the interviewer interacts with the applicant, the interviewer’s questioning style and the mode of communication via an interpreter.  All these factors could in turn impact demeanour or displayed emotions which should not be relied upon as an indicator of credibility.   The threshold for what constitutes a reasonable and credible account may need to be lowered accordingly.  Adhering to a research-based interviewing model and awareness of how cultural differences impact memory and communication are central to high quality interviewing and decision-making processes.