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Establishing the Right to be Granted Asylum in EU Law

Summary of the impact

The research has changed the conceptualisation among policy-makers and practitioners of the nature of the right to asylum (from a right of states to grant it to a right of individuals to receive it). The research has led to a change in the law and policy of the United Nations and of the European Union in this field. According to UN data, an estimated 441,300 asylum claims were lodged in industrialised countries in 2011, representing an increase of 20% in relation to the previous year. In 2012 more than 45.2 million people were in situations of forced displacement, the highest figure in the last 18 years. Hence, the reach of the impact is global and its significance lies in strengthening human rights protection in situations of forced displacement.

Submitting Institution

Newcastle University

Unit of Assessment

Law

Summary Impact Type

Political

Research Subject Area(s)

Studies In Human Society: Political Science
Law and Legal Studies: Law

3: The Use of Expert Evidence in Asylum Procedures

Summary of the impact

Since the mid 1990s, Social Anthropology staff have provided expert advice as part of UK asylum procedures. Impact has taken two main forms:

  • Shaping lawyers' arguments and informing individual decision-making by the UK Border Agency and Asylum Tribunals, and by immigration authorities in the US, France, and Canada, through the provision of `expert country evidence' on the socio-political circumstances in specific countries (Zimbabwe, Israel/Palestine, Sri Lanka),
  • Shaping professional practice through providing guidance and/or training for immigration practitioners and judges on the general limits and potentials of expert evidence, helping practitioners to adapt their evidential strategies in asylum claims and allowing rival protagonists in adversarial hearings to discuss mutual concerns.

Submitting Institution

University of Edinburgh

Unit of Assessment

Anthropology and Development Studies

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law

Administrative Justice and Asylum Appeals

Summary of the impact

This case study covers two research projects undertaken at the University of Manchester (UoM) which had unprecedented access to the immigration appeals system, both impacting on asylum policy. The first project focused on family visitor appeals and showed that the introduction of a fee was not a significant deterrent to accessing the appeals process. The second project on asylum appeals made a number of recommendations concerning the handling of appeals by the Tribunal, and the reporting of its decisions.

The research on family visitor appeals was the basis for a Ministry of Justice consultation paper in 2010, and was directly cited by the government when introducing fees for immigration appeals. The research on asylum appeals has influenced policy and thinking within the Upper Tribunal (Immigration and Asylum Chamber), with particular regard to the Tribunal's management of its country guidance system. More recently, following a presentation of this research to Tribunal members, a new `Guidance Note' on the reporting of cases was produced.

Submitting Institution

University of Manchester

Unit of Assessment

Law

Summary Impact Type

Political

Research Subject Area(s)

Law and Legal Studies: Law

Asylum, Displacement and Involuntary Resettlement – Influencing Policy and Evaluation, and Improving Evidence

Summary of the impact

Through engagement by Ministerial invitation as a member of successive UK Government advisory groups on Country Information (IAGCI) from 2007 to 2013 and based on expertise arising from research conducted at City University London, Dr Christopher McDowell has contributed to the acknowledged improvement in the quality of asylum decision-making. He has guided the UK Home Office Country of Origin Information Services (COIS) in developing academically-rigorous research and review procedures. The adopted methodology based on his research has contributed to the generation of more accurate, up to date and fully referenced human rights information that forms the basis of the legal determination of asylum and human rights claims. The United Nations, the UK's Chief Inspector of the UK Border Agency and the British Red Cross agree that as a result of the work of the IAGCI the UK now has the most accountable and robust Country Information system in the EU, achieving fairer decisions and providing a model which is likely to be replicated across EU member states.

In recognition of his expertise on the socio-economic and cultural dimensions of involuntary resettlement occurring as a result of infrastructure development projects and land acquisition, Dr McDowell has also led or participated in several international evaluations of shelter and resettlement operations; and made recommendations for improvement in policy and practice. This includes his engagement as an International Resettlement Specialist by the Inspection Panel (IP) of The World Bank to investigate the social and resettlement aspects of a highly-controversial, multimillion dollar landfill project in Accra, Ghana. As a result of this engagement, The World Bank, accepting the IP's findings that both the pre-construction impact studies and community consultations with residents were insufficient, froze the project loan, enabling time for full consultations and impact assessments. The investigation resulted in an important new World Bank requirement that comprehensive Zone of Impact Assessments are undertaken in all future projects as part of loan preparations.

Submitting Institution

City University, London

Unit of Assessment

Politics and International Studies

Summary Impact Type

Societal

Research Subject Area(s)

Studies In Human Society: Policy and Administration, Sociology
Law and Legal Studies: Law

Using multimedia to enrich public and specialist perceptions of immigration detention

Summary of the impact

The multi-media exhibition and publication Border Country (2007-2010 and 2007) by photographer Melanie Friend, with its research focus on the experience of asylum-seekers at the point of their incarceration in UK Immigration Removal Centres (IRCs), have contributed to national and international public understanding of standards of well-being and human rights in relation to asylum detention, challenging assumptions about national detention practices and their impact on individual detainees. It has also informed campaigning materials and training sessions for immigration centre visitors and lawyers working with immigrants and detainees. Border Country's impact is on-going: its images and text continue to be shown six years after the first exhibition.

Submitting Institution

University of Sussex

Unit of Assessment

Communication, Cultural and Media Studies, Library and Information Management 

Summary Impact Type

Cultural

Research Subject Area(s)

Studies In Human Society: Demography
Law and Legal Studies: Law
Language, Communication and Culture: Cultural Studies

Changing the practice of organisations that work with vulnerable asylum seekers and refugees

Summary of the impact

Essex research on understanding the vulnerability of displaced persons has changed the practice of organisations that work with asylum seekers and refugees. Professor Renos Papadopoulos' research has focused on the resilience and strengths of the individual, rather than seeing him/her as a passive `victim'. This approach has informed two instruments that are used to assess vulnerability: the Trauma Grid and ASPIS. These instruments have been adopted by a number of organisations throughout the world and Papadopoulos has produced a training manual and provided training programmes for frontline and management staff. The examples provided here document his work with organisations based in the UK, Greece, Colombia and Sudan.

Submitting Institution

University of Essex

Unit of Assessment

Sociology

Summary Impact Type

Societal

Research Subject Area(s)

Medical and Health Sciences: Public Health and Health Services

More equitable and humane asylum policies in the European Union

Summary of the impact

Dr Eiko Thielemann is Director of the LSE's Migration Studies Unit (MSU). His research into asylum policy in the EU has shown that certain key policies have undermined efforts to share responsibility for the over six million asylum seekers that have entered Europe over the past two decades. MSU's policy recommendations and Thielemann's involvement in the policymaking process have helped shift the debate away from an over-reliance on EU policy harmonisation towards the adoption of new burden-sharing instruments. By providing robust analysis in an emotive policy area, the MSU's research has contributed to the development of more equitable and effective policies that have helped some of the world's most vulnerable individuals to find protection from persecution.

Submitting Institution

London School of Economics & Political Science

Unit of Assessment

Politics and International Studies

Summary Impact Type

Societal

Research Subject Area(s)

Economics: Applied Economics
Studies In Human Society: Policy and Administration
Law and Legal Studies: Law

Asylum determination guidance

Summary of the impact

A series of projects which examined judicial reception of evidence and enabled development and uptake of guides for best practice in asylum determination has contributed to international good practice in a field where it is difficult to ensure objective and fair decision making. The projects included analysis of: gender guidelines; medical evidence; Country of Origin Information (COI); and best practice where children are subject to the asylum process, including COI and evidence relating to age assessment. The research has stimulated and contributed to debate among practitioners. Further, medical evidence guidelines proposed by the research team have been adopted by the International Association of Refugee Law Judges (IARLJ) affecting judicial activity internationally. In addition, research into reception of evidence surrounding COI led to a position on an Advisory Board and development of a further best practice guide.

Submitting Institution

Robert Gordon University

Unit of Assessment

Law

Summary Impact Type

Societal

Research Subject Area(s)

Law and Legal Studies: Law

Enhancing legal protection for asylum seekers

Summary of the impact

Research by Lambert and Phillips has directly influenced how the UK Upper Tribunal deals with asylum determination for persons fleeing armed conflict, and persons who are persecuted for gender identity and sexual orientation. The research has also had a broader reach, influencing the thinking of the UN Refugee Agency on legal protection for persons escaping armed conflict, and advocacy by the British, French and Swedish foreign ministries and human rights organisations against homosexual and transgender persecution.

Submitting Institution

University of Westminster

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law

Reducing age disputes and improving the process of age assessment for separated asylum-seeking children in the UK, Europe and beyond

Summary of the impact

The research was undertaken in response to growing concerns about the impact of age disputes on the protection and welfare of separated asylum-seeking children. It identified considerable procedural variations in the assessment of age and an over-reliance on physical appearance and medical techniques with wide margins of error. The research has led to a significant reduction in the number of age disputes in the UK through improvements to professional standards, guidelines and training for lawyers and social workers, and has informed policy and practice relating to procedures for the assessment of age in the UK, Europe and Australia.

Submitting Institution

Swansea University

Unit of Assessment

Geography, Environmental Studies and Archaeology

Summary Impact Type

Societal

Research Subject Area(s)

Medical and Health Sciences: Public Health and Health Services
Studies In Human Society: Demography

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