A 'credible' response to persons fleeing armed conflict

Sweeney, James Anthony (2016) A 'credible' response to persons fleeing armed conflict. In: The Protection of Persons Fleeing Armed Conflict and Other Situations of Violence. Larcier, Brussels, pp. 81-103. ISBN 9782804488994

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Abstract

This contribution addresses two key issues in relation to the plight of those who are fleeing armed conflict: firstly and more briefly, the UK’s reluctance to participate in the UN’s resettlement scheme for Syrian refugees; and secondly the role of ‘credibility’ within the process of determining eligibility for international protection. The relationship between credibility and the 'benefit of the doubt' principle is explored, particularly in the light of the UK Upper Tribunal's determination in KS (benefit of the doubt) [2014] UKUT 552 (IAC). It is argued that a narrow understanding of credibility overlaps with one dimension of the benefit of the doubt, and sees it as confined to the admissibility of the applicant’s unsupported statements; statements which, by giving applicants the benefit of the doubt, should be allowed to enter into the balance towards satisfying the low standard of proof as long as they are ‘credible’ in the sense of not being demonstrably false.

Item Type:
Contribution in Book/Report/Proceedings
Uncontrolled Keywords:
/dk/atira/pure/subjectarea/asjc/3300/3308
Subjects:
ID Code:
79802
Deposited By:
Deposited On:
01 Jun 2016 10:06
Refereed?:
Yes
Published?:
Published
Last Modified:
07 Apr 2020 00:39