Citation

Johnson TAM. Soc. Leg. Stud. 2011; 20(1): 57-78.

Copyright

(Copyright © 2011, SAGE Publishing)

DOI

10.1177/0964663910391205

PMID

unavailable

Abstract

This article considers the nature of silence in UK asylum cases involving lesbian and gay claimants, asking whether the ambiguous and textured quality of silence can be a productive site of resistance, or whether the effect of silence perpetuates the problematic conceptualization of the refugee as a subjugated actor whose voice is muted within a hearing. The article discusses silence in light of the formal provisions of the Refugee Convention and evidentiary necessities around proof of an objective/subjective fear of persecution, questioning the impact silence has on the rendering of testimony and whether it is detrimental to an asylum claim. The equivocal nature of silence imparts a vulnerability to interpretation, rendering it subject to the imposition of unsolicited meaning. Silence’s indeterminacy, it is suggested, should give pause to the court to proceed in a manner that invokes caution around such inference.