The concept of credibility in refugee law

Abstract

Credibility Issues in the Asylum Procedure “The task of establishing the veracity of witness testimony is as old as the legal process itself”. The credibility of a witness’s testimony is an issue that often crops up in legal proceedings, especially when there is a lack of independent evidence to corroborate the testimony. Given the lack of independent evidence that often characterizes an asylum case, I doubt whether there is any area other than Refugee Law where credibility is so important. Despite credibility being used in legal procedure since time immemorial, rules surrounding the assessment of credibility have continued to evolve with time. This thesis discusses the modern legal tools used to assess credibility in asylum cases, taking into account their effectiveness and limitations.

Chapter Overview This thesis is divided into the following chapters: Chapter I (Credibility Assessment In The Refugee Status Determination Procedure) explains the role credibility plays in an asylum case and why fair procedural rules concerning credibility are so important. Chapter II (The Law On Credibility Assessment In The Asylum Procedure) first discusses the principles of law that must be respected for there to be a fair credibility test. Such principles are derived from the International Refugee Law point of view. The second part of this chapter examines whether the Maltese Refugee Status Determination procedure adheres to the principles of credibility assessment found in International Refugee Law. Chapter III (Communicative Barriers In The Asylum Process) examines the obstacles applicants face in communicating their claim to the adjudicator. Such barriers in communication could arise from cultural differences, linguistic problems and psychological trauma. In this chapter it is argued that there should be adequate safeguards to ensure that such problems in communication do not diminishing the applicant’s credibility. This chapter also investigates whether the Maltese RSD procedure adequately safeguards to unfortunate applicants who are in a vulnerable situation from being misunderstood and nay consequently have their claim deemed not credible.

Chapter IV (Assessment Of Credibility In An Asylum Claim) takes into consideration the principles of law already discussed and examines the way in which an adjudicator will take evidence provided into account and reach a conclusion. The chapter will deal with concepts such as the four indices of credibility and when is it justified to draw certain inferences from the testimony of the applicant. Chapter V (The Judicial Process) examines the possibility of judicial review over decisions made by the Refugee Commissioner and the Refugee Appeals Board. This chapter discusses how principles of administrative law such as the audi alteram partem, the equality of arms principle and the duty to give a reasoned decision may be used in order to ensure that a decision on credibility is delivered in a fair way. The concluding chapter contains practical suggestions for a better asylum adjudication system with regards to the assessment of credibility.