Bringing linguistic research into legal scholarship and practice

Credibility assessments in asylum visa applications have attracted criticism across diverse research fields. This article builds on existing critical examinations by presenting a case study of a successful appeal in the Federal Court of Australia (FCA) which overturned a decision involving one such problematic credibility assessment. The article establishes that credibility assessments often rely on flawed language ideologies and reasoning that transform the asylum seeker into the sole participant responsible for the texts produced in institutional processes. As a contrast, it then explores the FCA decision, analysing the judge’s treatment of three different premises on which the lower-level rejection relied. It demonstrates how, when dealing with each of these premises, the judge’s approach aligns with sociolinguistic scholarship. The case study demonstrates the potential of sociolinguistic awareness to denaturalize the problematic ideologies underlying credibility assessments. However, the article equally acknowledges and discusses the systemic limitations on challenging credibility assessments, due to the narrow scope for judicial review, and the need for professional legal assistance to argue one’s case successfully. The article concludes that while credibility assessments serve to act as a powerful gatekeeping tool to support increasingly restrictive asylum policy, judicial receptiveness of sociolinguistic understandings of communication can sometimes provide an avenue for successful appeals. It thus provides a powerful example of the potential benefits of communicating sociolinguistic research to law students, legal practitioners and decision-makers.

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Forensic Linguistics in Australia

Eades

Fraser

Heydon

2023

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This Element presents an account of forensic linguistics in Australia since the first expert linguistic evidence in 1959, through early work in the 1970s-1980s, the defining of the discipline in the 1990s, and into the current era. It starts with a consideration of some widespread misconceptions about language that affect the field and some problematic ideologies in the law, which underly much of the discussion throughout the Element. The authors' report of forensic linguists' work is structured in terms of the linguistic, interactional and sociocultural contexts of the language data being analysed, whether in expert evidence, in research, or in practical applications of linguistics in a range of legal settings. The Element concludes by highlighting mutual engagement between forensic linguistic practitioners and both the judiciary and legal scholars, and outlines some of the key factors which support a critical forensic linguistics approach in much of the work in the authors' country.

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Bringing linguistic research into legal scholarship and practice

Cited by 5 publications

References 1 publication

The Sociolinguistics of Asylum Decision-Writing in the Context of the Greek Appeals Authority

The Sociolinguistics of Asylum Decision-Writing in the Context of the Greek Appeals Authority

Incorporating Sociolinguistic Perspectives in Australian Refugee Credibility Assessments: the Case of CRL18

Forensic Linguistics in Australia

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