For the thousands of appellants who navigate Britain's asylum appeal courts every year, attending a hearing conducted in a language they do not understand and participating via an interpreter, is usually viewed as a significant disadvantage. The findings of a study that entailed ethnographic and structured observations of over 390 asylum appeal hearings in England and Wales during 2013 and 2014, however, indicate that the presence of interpreters often offers an important source of support in adversity. While the natural assumption may be to associate linguistic incomprehension with detriment, it transpires that there are important exceptions to this rule. Given the toughening of UK border controls in recent years, as well as British reluctance to share responsibilities for international refugees such as those fleeing from violence in Syria, these observations offer rare solace in a bleak policy landscape.
There is an absence of absence in legal geography and materialist studies of the law. Drawing on a multi-sited ethnography of European asylum appeal hearings, this paper illustrates the importance of absences for a fully-fledged materiality of legal events. We show how absent materials impact hearings, that non-attending participants profoundly influence them, and that even when participants are physically present, they are often simultaneously absent in other, psychological registers. In so doing we demonstrate the importance and productivity of thinking not only about law's omnipresence but also the absences that shape the way law is experienced and practised. We show that attending to the distribution of absence and presence at legal hearings is a way to critically engage with legal performance.
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