Expert as Aid and Impediment: Navigating Barriers to Effective Asylum Representation

Adjudicating Refugee and Asylum Status: The Role of Witness, Expertise, and Testimony (B. Lawrance & G. Ruffer, Eds. Cambridge Univ. Press 2015)

Posted: 29 Jul 2015 Last revised: 8 Sep 2016

Date Written: January 1, 2015

Abstract

This chapter opens by explaining the importance of expert testimony in asylum representation given adjudicators’ increasing demands for corroboration in recent years. It then addresses the sometimes-conflicting perspectives of experts and attorneys, and the need for increased transparency and communication among experts and attorneys about their roles and responsibilities. It concludes by arguing that explicit protocols must be adopted in order to improve collaboration between experts and attorneys in the asylum process and to mediate the divide between objectivity and advocacy that is often at issue in these cases.

Keywords: immigration, asylum, expert testimony, credibility, corroboration

Suggested Citation

Ardalan, Sabrineh, Expert as Aid and Impediment: Navigating Barriers to Effective Asylum Representation (January 1, 2015). Adjudicating Refugee and Asylum Status: The Role of Witness, Expertise, and Testimony (B. Lawrance & G. Ruffer, Eds. Cambridge Univ. Press 2015). Available at SSRN: https://ssrn.com/abstract=2635694

Sabrineh Ardalan (Contact Author)

Harvard Law School ( email )

6 Everett Street
Wasserstein Hall 3103
Cambridge, MA 02138
United States
617-384-7504 (Phone)
617-495-8595 (Fax)

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