Researching Multi lingually

Law Case Study

• Applying for asylum

• Communicating the asylum narrative

• The procedures for deciding refugee claims in

the UK and the Netherlands

• What difference does being multi lingual make

to the way my asylum claim is treated?

processing

• Interview and decision

The asylum process UK

Enter the

UK

Claim

asylum

Screening

Interview

Asylum

interview

Asylum

decision

Dublin/3rd

Country

Detained

fast track

Refugee

Status

Humanitarian

Protection

Discretionary

Leave

PositiveNegative

Asylum refusal UK

Appeal right?First tier

tribunal

Appeal rights

exhausted

Status

granted /

UKBA

Judicial

Review?

Higher court

/ Upper

tribunal?

The Courts UK

First Tier Tribunal

(Immigration and Asylum)

Upper Tribunal

(Immigration and Asylum)

Court of Session

(Outer House)

Court of Session

(Inner House)

Supreme Court

European Court of Human

RightsCourt of Justice of the

European Union

The asylum process NL

Enter NL

By land By Air (usually Schiphol)

access denied (eg no documents)/

no access = detention

claim asylum AC Ter Apel claim asylum AC Schiphol

Dublin? Yes > back to other EU MS

After a rest and preparation period of 6-12 days a 8 day procedure starts

First interview (travel route, identity) (Day 1)

Second interview (on content asylum application) (Day 3)

More time needed, to prolongued asylum procedure (Day 4)

Decision (negative/positive = refugee status or subsidiary protection) (Day 8)

The Courts NL

• District Court, First Tier Tribunal

- may ask for a preliminary reference CJEU

• Council of State, Appeal Tribunal

- may ask for a preliminary reference CJEU

• European Court of Human Rights (after exhausting local

remedies)

• or UN review Committee with an individual complaint

possibility (HRC, CAT)

Work in progress

• deciding who we want to speak to

• what parts of the process we want to observe

• how we go about getting access

• the role of silence in the asylum process

• the role of language as ‘evidence’ in LADO

(language analysis for the determination of

origin), ‘when you speech is your only

passport’