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Article 1F and Anthropological Evidence: A Fine Line Between Justice and Injustice?

Campbell, John

Article 1F and Anthropological Evidence: A Fine Line Between Justice and Injustice? Thumbnail


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Abstract

While all anthropological experts take pride when their evidence plays a vital role in securing protection for an asylum applicant, we also acutely remember the cases in which our research and reports were rejected, particularly when our reports appear to be unfairly rejected. In this paper, I discuss two cases in which the British Home Office argued that an asylum applicant was not entitled to protection because he participated in war crimes/crimes against humanity. However, the evidence provided by War Crimes Unit in the United Kingdom’s Home Office took the form of assertions based on a very poor understanding of Ethiopian politics and limited research. In the first case, the Immigration Judge accepted the evidence submitted by the Home Office and refused the applicants claim for asylum, but on appeal the Home Office withdrew the case against the applicant. In the second case, the Immigration Judge adopted some of my evidence for the applicant but denied his claim. This paper explores the pitfalls of litigation and the ability of the state to tilt the scales of justice against asylum claimants.

Citation

Campbell, J. (2023). Article 1F and Anthropological Evidence: A Fine Line Between Justice and Injustice?. Anthropological Forum: A journal of social anthropology and comparative sociology, 33(3), 268-282. https://doi.org/10.1080/00664677.2023.2298767

Journal Article Type Article
Acceptance Date Dec 18, 2023
Online Publication Date Jan 1, 2024
Publication Date Dec 31, 2023
Deposit Date Nov 26, 2024
Publicly Available Date Nov 26, 2024
Journal Anthropological Forum: A journal of social anthropology and comparative sociology
Print ISSN 0066-4677
Electronic ISSN 1469-2902
Publisher Taylor and Francis Group
Peer Reviewed Peer Reviewed
Volume 33
Issue 3
Pages 268-282
DOI https://doi.org/10.1080/00664677.2023.2298767
Keywords Expert evidence, asylum, litigation, fairness, United Kingdom
Publisher URL https://www.tandfonline.com/doi/full/10.1080/00664677.2023.2298767

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