Digital Evidence in Refugee Status Determination
Digital evidence is rapidly emerging as a tool for migration authorities in refugee status determination (RSD)—the procedure for determining whether a person meets the criteria for protection as a “refugee.” Its growing popularity may be seen as a response to the relative dearth of “hard” evidence i...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Cambridge University Press
2024-01-01
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| Series: | AJIL Unbound |
| Online Access: | https://www.cambridge.org/core/product/identifier/S2398772324000060/type/journal_article |
| _version_ | 1797295086350893056 |
|---|---|
| author | William Hamilton Byrne Thomas Gammeltoft-Hansen |
| author_facet | William Hamilton Byrne Thomas Gammeltoft-Hansen |
| author_sort | William Hamilton Byrne |
| collection | DOAJ |
| description | Digital evidence is rapidly emerging as a tool for migration authorities in refugee status determination (RSD)—the procedure for determining whether a person meets the criteria for protection as a “refugee.” Its growing popularity may be seen as a response to the relative dearth of “hard” evidence in asylum procedures, where decisions often hinge exclusively on the applicant's personal narrative and assessment of her credibility. In this essay, we critically examine the growing use of digital evidence in RSD by authorities and the human rights concerns that arise from some of these practices. We then move to outline some examples of how digital evidence might also present new opportunities for scholars, practitioners, and asylum seekers themselves, helping to substantiate claims and document underlying inequities in existing RSD practices. In the process, we seek to navigate a balance between the techno-solutionism that hails digital evidence as a panacea and those a priori dismissing digitization as techno-hype and inherently problematic. |
| first_indexed | 2024-03-07T21:42:37Z |
| format | Article |
| id | doaj.art-8174f9fa606c45389622fc4153716869 |
| institution | Directory Open Access Journal |
| issn | 2398-7723 |
| language | English |
| last_indexed | 2024-03-07T21:42:37Z |
| publishDate | 2024-01-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | AJIL Unbound |
| spelling | doaj.art-8174f9fa606c45389622fc41537168692024-02-26T07:01:58ZengCambridge University PressAJIL Unbound2398-77232024-01-01118626610.1017/aju.2024.6Digital Evidence in Refugee Status DeterminationWilliam Hamilton Byrne0Thomas Gammeltoft-Hansen1Assistant Professor MOBILE Center of Excellence for Global Mobility Law, University of Copenhagen Faculty of Law, Denmark.Professor, MOBILE Center of Excellence for Global Mobility Law, University of Copenhagen Faculty of Law, Denmark.Digital evidence is rapidly emerging as a tool for migration authorities in refugee status determination (RSD)—the procedure for determining whether a person meets the criteria for protection as a “refugee.” Its growing popularity may be seen as a response to the relative dearth of “hard” evidence in asylum procedures, where decisions often hinge exclusively on the applicant's personal narrative and assessment of her credibility. In this essay, we critically examine the growing use of digital evidence in RSD by authorities and the human rights concerns that arise from some of these practices. We then move to outline some examples of how digital evidence might also present new opportunities for scholars, practitioners, and asylum seekers themselves, helping to substantiate claims and document underlying inequities in existing RSD practices. In the process, we seek to navigate a balance between the techno-solutionism that hails digital evidence as a panacea and those a priori dismissing digitization as techno-hype and inherently problematic.https://www.cambridge.org/core/product/identifier/S2398772324000060/type/journal_article |
| spellingShingle | William Hamilton Byrne Thomas Gammeltoft-Hansen Digital Evidence in Refugee Status Determination AJIL Unbound |
| title | Digital Evidence in Refugee Status Determination |
| title_full | Digital Evidence in Refugee Status Determination |
| title_fullStr | Digital Evidence in Refugee Status Determination |
| title_full_unstemmed | Digital Evidence in Refugee Status Determination |
| title_short | Digital Evidence in Refugee Status Determination |
| title_sort | digital evidence in refugee status determination |
| url | https://www.cambridge.org/core/product/identifier/S2398772324000060/type/journal_article |
| work_keys_str_mv | AT williamhamiltonbyrne digitalevidenceinrefugeestatusdetermination AT thomasgammeltofthansen digitalevidenceinrefugeestatusdetermination |