A review of adolescent autobiographical memory and the implications for assessment of unaccompanied minors' refugee determinations.

The number of unaccompanied asylum-seeking children (UASC) is increasing, and unlike those who arrive with their parents, UASC are subject to interview to determine refugee status. The limited amount of objective evidence available in most asylum claims means that the UASC's account of their experiences often becomes key in deciding whether or not the young person is granted protection. Research indicates that assumptions about human memory influence decision-makers' views on asylum seekers' accounts; however, these do not necessarily appear to fit with the published research on autobiographical memory and may lead to an unfair decision. Therefore, understanding the nature and limitations of autobiographical memory is key to a fair refugee determination process. A literature review of published research on autobiographical memory among adolescents was undertaken across four databases. In total, 45 papers were identified which were thematically organised into three areas: development of autobiographical memory, contextual influences and impact of psychopathology. From this review, conclusions are drawn about what can be reasonably expected of an adolescent's autobiographical memory generally and more specifically when the unique characteristics of UASC are taken into account. We also discusss how commonly used credibility indicators in refugee status determinations for minors are problematic in light of this research. It is important that the psychological evidence on the nature of autobiographical memory in adolescents is considered in asylum processing of UASC.

Untested assumptions: psychological research and credibility assessment in legal decision-making.

BACKGROUND: Trauma survivors often have to negotiate legal systems such as refugee status determination or the criminal justice system. METHODS & RESULTS: We outline and discuss the contribution which research on trauma and related psychological processes can make to two particular areas of law where complex and difficult legal decisions must be made: in claims for refugee and humanitarian protection, and in reporting and prosecuting sexual assault in the criminal justice system. CONCLUSION: There is a breadth of psychological knowledge that, if correctly applied, would limit the inappropriate reliance on assumptions and myth in legal decision-making in these settings. Specific recommendations are made for further study.

Overgeneral memory in asylum seekers and refugees.

BACKGROUND AND OBJECTIVES: Studies in western samples have shown that post-traumatic stress disorder (PTSD) and depression are associated with overgeneral autobiographical memory retrieval. This study assesses whether this association extends to asylum seekers and refugees from diverse cultural backgrounds. We discuss implications for those providing testimony of their experiences when seeking asylum. METHOD: 38 asylum seekers and refugees were recruited through clinics and community groups. Clinical interviews assessed PTSD and depression and participants completed a test of autobiographical memory specificity. RESULTS: When accounting for omissions, participants with PTSD and depression recalled a lower proportion of specific memories. Those with PTSD also failed more frequently to report any memory. LIMITATIONS: The sample did not permit separate evaluation of the effects of PTSD and depression on specificity. CONCLUSIONS: Lower memory specificity observed in people experiencing PTSD and depression in western populations extends to asylum seekers and refugees from diverse cultural backgrounds. This study adds to the literature suggesting that being recognised as a refugee fleeing persecution is more difficult for those with post-traumatic symptoms and depression.

Do testimonies of traumatic events differ depending on the interviewer?

While differences in witness narratives due to different interviewers may have implications for their credibility in court, this study considers how investigative interviews by different parties to the proceedings, as well as the gender and nationality of interviewers, can influence the testimony of witnesses in court who share comparable traumatic experiences. The foundation of the analysis was answers given to judges, prosecutors, civil party lawyers and defence lawyers in the Extraordinary Chambers in the Courts of Cambodia (ECCC) located in Phnom Penh. Transcribed testimonies of 24 victim witnesses and civil parties which were translated from Khmer into English were analysed using a computer-based text analysis program, the Linguistic Inquiry and Word Count (LIWC). Results showed that when answering questions by females, witnesses used significantly more cognitive process words. When interviewed by international rather than by Cambodian parties to the proceeding witness accounts were composed of significantly more verbal expressions of affective processes and of perceptual processes. Furthermore, witnesses used most cognitive and affective process words during the interview by civil party lawyers and defence lawyers. These results may be due to a prior supportive relationship between civil parties and their lawyers and due to a more interrogative question style by the defence lawyers, who attempt to undermine the credibility of the interviewed witnesses. Data shows that LIWC analysis is an appropriate method to examine witness accounts and, therefore, contributes to a better understanding of the complex relationship between testimony in events under litigation and credibility (AU)

Sobre la base de que las diferencias en los relatos de testigos debidas al papel de los entrevistadores pueden tener consecuencias cara a la credibilidad ante la Sala de Justicia, se planteó un estudio con el objeto de abordar cómo las entrevistas investigativas de las partes implicadas en el procedimiento, así como el género y nacionalidad de los entrevistadores, pueden influir el testimonio de testigos que compartieron experiencias traumáticas similares. Como objeto de estudio se tomaron las repuestas dadas a jueces, fiscales, y abogados de la acusación particular y defensa, Cámara Extraordinaria de las Cortes de Camboya (CECC) en Phnom Penh. Las transcripciones del testimonio de 24 víctimas y civiles, traducidas al Inglés del Jemer, fueron analizadas con el programa Linguistic Inquiry and Word Count (LIWC). Los resultados mostraron que al responder a las preguntas de operadores jurídicos femeninos, los testigos utilizaban significativamente más palabras del procesamiento cognitivo. Al ser entrevistados por las partes internacionales y no por las camboyanas, las declaraciones de los testigos en el procedimiento contenían significativamente más expresiones verbales de los procesos afectivos y perceptuales. Además, los testigos utilizaban más palabras de procesamiento cognitivo y afectivo cuando eran entrevistados por los abogados de la defensa y la acusación particular. Estos resultados pueden deberse a una anterior relación de apoyo entre los abogados, y a un estilo, por parte de los abogados defensores de preguntas más interrogativo, con el que intentaría socavar la credibilidad de los testigos. Los resultados avalan al análisis LIWC como método apropiado para examinar los relatos de testigos y, por extensión, a contribuir a una mejor comprensión de la compleja relación del testimonio en condiciones de litigio con la credibilidad (AU)

Non-clinicians' judgments about asylum seekers' mental health: how do legal representatives of asylum seekers decide when to request medico-legal reports?

BACKGROUND: Procedures for determining refugee status across Europe are being speeded up, despite the high prevalence of mental health difficulties among asylum seekers. An assurance given is that ''vulnerable applicants'' will be identified and excluded from accelerated procedures. Although experts have recommended assessments to be undertaken by experienced clinicians, this is unlikely to happen for political and financial reasons. Understanding how non-clinically qualified personnel perform assessments of mental health issues is timely and crucial. Misrecognition of refugees due to the inappropriate use of accelerated procedures involves the risk of returning the very people who have the right to protection from further persecution. OBJECTIVE: To examine the decision making of immigration lawyers, who are an example of a group of nonclinicians who decide when and whether to refer asylum-seekers for psychiatric assessment. METHOD: Semi-structured interviews were conducted with 12 legal representatives working with people seeking refugee or human rights protection in the United Kingdom. The resultant material was analysed using Framework Analysis. RESULTS: Themes clustered around the legal case, the client, the representative and the systems, all with sub-themes. A mapping exercise integrated these themes to show how representatives brought together questions of (1) evidential reasons for a report, influenced by their legal, psychological and case law knowledge, and (2) perceived evidence of mental distress, influenced by professional and personal experiences and expectations. CONCLUSIONS: The legal representatives interviewed were well-informed and trained in psychological issues as well as clearly dedicated to their clients. This helped them to attempt quasi-diagnoses of common mental health problems. They nonetheless demonstrated stereotypical understanding of post-traumatic stress disorder and other possible diagnoses and the role of subjectivity. The study has implications for other groups - particularly those less trained and compassionate - who are required to make clinical judgments without the necessary expertise.

Is mindfulness-based therapy an effective intervention for obsessive-intrusive thoughts: a case series.

Despite the efficacy of cognitive-behavioural interventions in improving the experience of obsessions and compulsions, some people do not benefit from this approach. The present research uses a case series design to establish whether mindfulness-based therapy could benefit those experiencing obsessive-intrusive thoughts by targeting thought-action fusion and thought suppression. Three participants received a relaxation control intervention followed by a six-session mindfulness-based intervention which emphasized daily practice. Following therapy all participants demonstrated reductions in Yale-Brown Obsessive-Compulsive Scale scores to below clinical levels, with two participants maintaining this at follow-up. Qualitative analysis of post-therapy feedback suggested that mindfulness skills such as observation, awareness and acceptance were seen as helpful in managing thought-action fusion and suppression. Despite being limited by small participant numbers, these results suggest that mindfulness may be beneficial to some people experiencing intrusive unwanted thoughts and that further research could establish the possible efficacy of this approach in larger samples.

Specificity of episodic and semantic aspects of autobiographical memory in relation to symptoms of posttraumatic stress disorder (PTSD).

Two studies examined the relationship between the ability to access specific autobiographical material in memory and presence/symptoms of posttraumatic stress. In Study 1, a sample of refugees with a diagnosis of posttraumatic stress disorder (PTSD) completed the Autobiographical Memory Test (AMT) in which they had to generate specific episodic autobiographical memories in response to emotion-related cue words. Results showed that reduced specificity of memories on the AMT was associated with an increased frequency of trauma-related flashbacks but with reduced use of effortful avoidance to deal with trauma-related intrusions in the day-to-day. Study 2 examined retrieval of semantic autobiographical information from previous lifetime periods in groups of cancer survivors with posttraumatic stress and healthy controls. The cancer survivors were able to generate fewer specific semantic details about the personal past compared to the controls. The more symptomatic survivors showed the greatest memory impairment. The data from both studies are discussed in terms of compromised access to specific autobiographical material in distressed trauma survivors reflecting a process of affect regulation.

Asylum claims and memory of trauma: sharing our knowledge.

Decisions about asylum are extremely difficult because of the absence of a body of objective evidence. Psychiatrists and psychologists have a breadth of knowledge relating to the memory of trauma which could help to inform the asylum process, but we need to investigate how to apply this knowledge and how to make it accessible to decision makers.

Impact of sexual violence on disclosure during Home Office interviews.

BACKGROUND: Late disclosure or non-disclosure during Home Office interviews is commonly cited as a reason to doubt an asylum seeker's credibility, but disclosure may be affected by other factors. AIMS: To determine whether and how sexual violence affects asylum seekers' disclosure of personal information during Home Office interviews. METHOD: Twenty-seven refugees and asylum seekers were interviewed using semi-structured interviews and self-report measures. RESULTS: The majority of participants reported difficulties in disclosing. Those with a history of sexual violence reported more difficulties in disclosing personal information during Home Office interviews, were more likely to dissociate during these interviews and scored significantly higher on measures of post-traumatic stress symptoms and shame than those with a history of non-sexual violence. CONCLUSIONS: The results indicate the importance of shame, dissociation and psychopathology in disclosure and support the need for immigration procedures sensitive to these issues. Judgments that late disclosure is indicative of a fabricated asylum claim must take into account the possibility of factors related to sexual violence and the circumstances of the interview process itself.

Should discrepant accounts given by asylum seekers be taken as proof of deceit?

BACKGROUND: In order to recognise a refugee in a receiving state, decision makers have to make a judgment based on background information and the account given by the individual asylum seeker. Whilst recognising that this is a very difficult decision, we examine one of the assumptions made in this process: that an account which is inconsistent is probably fabricated for the purposes of deceitfully gaining asylum status. We review some of the psychological processes at work when a person applies for asylum, and report a study offering empirical evidence of some of the reasons why accounts of traumatic experiences may be inconsistent. METHODS: In the study reported, 39 Kosovan and Bosnian (UNHCR) program refugees in the UK were interviewed on two occasions about a traumatic and a non-traumatic event in their past. They were asked specific questions about the events on each occasion. FINDINGS: All participants changed some responses between the first and second interview. There were more changes between interviews in peripheral detail than in the central gist of the account. Changes in peripheral detail were especially likely for memories of traumatic events. Participants with higher levels of Post Traumatic Stress Disorder (PTSD) were also more inconsistent when there was a longer delay between interviews. INTERPRETATIONS: We consider this and similar studies in the light of asylum decision making, proposing that these decisions, often a matter of life and death to the applicant, must be based not on lay assumptions, but on established empirical knowledge.

Discrepancies in autobiographical memories--implications for the assessment of asylum seekers: repeated interviews study.

OBJECTIVE: To investigate the consistency of autobiographical memory of people seeking asylum, in light of the assumption that discrepancies in asylum seekers' accounts of persecution mean that they are fabricating their stories. DESIGN: Repeated interviews. SETTING: England, 1999 and 2000. PARTICIPANTS: Community sample of 27 Kosovan and 12 Bosnian refugees. MAIN OUTCOME MEASURES: Discrepancies in repeated descriptions of one traumatic and one non-traumatic event, including specific details, rated as central or peripheral to the event. Self report measures of post-traumatic stress disorder and depression. RESULTS: Discrepancies between an individual's accounts were common. For participants with high levels of post-traumatic stress, the number of discrepancies increased with length of time between interviews. More discrepancies occurred in details peripheral to the account than in details that were central to the account. CONCLUSION: The assumption that inconsistency of recall means that accounts have poor credibility is questionable. Discrepancies are likely to occur in repeated interviews. For refugees showing symptoms of high levels of post-traumatic stress, the length of the application process may also affect the number of discrepancies. Recall of details rated by the interviewee as peripheral to the account is more likely to be inconsistent than recall of details that are central to the account. Thus, such inconsistencies should not be relied on as indicating a lack of credibility.