Trauma, memory and culture in the asylum process
Asylum-seekers fleeing persecution in their home countries often undertake long and life-threatening journeys to safety, and subsequently face complex legal systems to apply for international protection. To convince an asylum official in the host country that they have a well-founded fear of harm in their home countries, they are often expected to recount their experiences of persecution. This task can be particularly daunting for asylum-seekers, as their experiences of harm, trauma, and displacement may interfere with their ability to describe their stories in a convincing way. At the same time, the forcible nature of their flight is likely to make it especially difficult for them to gather documents and there is often also a dearth of witness evidence. The asylum interviewing process itself is fraught with psychological challenges for all participants –applicants, asylum officials, and interpreters – which, if not properly accounted for, can hinder productive communication and prevent officials from gathering accurate information for the decision-making. At worst, these challenges can lead officials to incorrectly disbelieve an applicant’s legitimate claim for asylum.
In this article, we draw on research in the field of legal psychology to provide an overview of the psychological issues that might interfere with asylum-seekers’ ability to provide detailed, consistent, and plausible asylum claims. First, we describe the factors underlying people’s response to risk, which influence their decision to escape their countries and apply for asylum. Second, we explore common reactions to traumatic events, and how trauma-related mental health concerns may affect an asylum seeker’s ability to navigate the asylum system. Third, we explore how accurately and consistently people in general can be expected to remember and describe their past experiences, before discussing how memory is further impacted by trauma, mental health conditions, and culture. Finally, we explore certain features of the asylum interview that might hinder asylum-seekers’ disclosure, including the formulation of interview questions, the style of the interview, and the presence of the interpreter. We conclude that psychological considerations are critical in asylum determinations and that raising awareness among asylum practitioners about these psychological is critical to improving fairness and accuracy in the asylum process.
