Evidence in European Asylum Procedures

This thesis explores the particular framework of evidentiary assessment of three selected appellate national asylum procedures in Europe and discusses the relationship between these procedures, on the one hand, and between these procedures and other legal systems, including the EU legal order and international law, on the other. A theme running throughout the thesis is the EU strivings towards approximation of national asylum procedures and my study analyses the evidentiary assessment of national procedures with the aim of pinpointing similarities and differences, and the influences which affect these distinctions. The thesis first explores the frames construed for national evidentiary solutions by studying the object of decision-making and the impact of legal systems outside the national. Second, the study analyses the factual evidentiary assessment of three national procedures - German, Finnish and English. Thirdly, the study explores the interrelationship between these procedures and the legal systems influencing them and poses questions in relation to the strivings of EU and methods of convergence. The thesis begins by stating the framework and starting points for the research. It moves on to establish keys of comparison concerning four elements of evidentiary assessment that are of importance to any appellate asylum procedure, and that can be compared between national procedures, on the one hand, and between international, regional and national frameworks, on the other. Four keys of comparison are established: the burden of proof, demands for evidentiary robustness, the standard of proof and requirements for the methods of evidentiary assessment. These keys of comparison are then identified in three national appellate asylum procedures, and in order to come to conclusions on the evidentiary standards of the appellate asylum procedures, relevant elements of the asylum procedures in general are presented. Further, institutional, formal and procedural matters which have an impact on the evidentiary standards in the national appellate procedures are analysed. From there, the thesis moves on to establish the relationship between national evidentiary standards and the legal systems which affect them, and gives reasons for similarities and divergences. Further, the thesis studies the impact of the national frameworks on the regional and international level. Lastly, the dissertation makes a de lege ferenda survey of the relationship between EU developments, the goal of harmonization in relation to national asylum procedures and the particular feature of evidentiary standards in national appellate asylum procedures. Methodology The thesis follows legal dogmatic methods. The aim is to analyse legal norms and legal constructions and give them content and context. My study takes as its outset an understanding of the purposes for legal research also regarding evidence and asylum to determine the contents of valid law through analysis and systematization. However, as evidentiary issues traditionally are normatively vaguely defined, a strict traditional normative dogmatic approach is not applied. For the same reason a traditionalist and strict legal positivism is not applied. The dogmatics applied to the analysis of the study is supported by practical analysis. The aim is not only to reach conclusions concerning the contents of legal norms and the requirements of law, but also to study the use and practical functioning of these norms, giving them a practcial context. Further, the study relies on a comparative method. A functionalist comparative method is employed and keys of comparison are found in evidentiary standards of three selected national appellate asylum procedures. The functioning equivalences of German, Finnish and English evidentiary standards of appellate asylum procedures are compared, and they are positioned in an European and international legal setting. Research Results The thesis provides results regarding the use of evidence in national appellate asylum procedures. It is established that evidentiary solutions do indeed impact on the asylum procedure and that the results of the procedure are dependent on the evidentiary solutions made in the procedures. Variations in, amongst other things, the interpretation of the burden of proof, the applied standard of proof and the method for determining evidentiary value, are analysed. It is established that national impacts play an important role in the adaptation of national appellate procedures to external requirements. Further, it is established that the impact of national procedures on as well the international framework as on EU law varies between the studied countries, partly depending on the position of the Member State in legislative advances at the EU level. In this comparative study it is, further, established that the impact of EU requirements concerning evidentiary issues may be have positive as well as negative effects with regard to the desired harmonization. It is also concluded that harmonization using means of convergence that primaly target legal frameworks may not in all instances be optimal in relation to evidentiary standards, and that more varied and pragmatic means of convergence must be introduced in order to secure harmonization also in terms of evidence. To date, legal culture and traditions seem to prevail over direct efforts at procedural harmonization.

Liminal Belonging: West African male asylum seekers’ narratives of the asylum experience whilst in Finland

The dominant discourses on the issue of asylum have placed it on a uniquely higher level of scrutiny as a politically very sensitive area for social research. Today, member states within the EU have implemented stricter policies to control new arrivals, whilst instituting statutory procedures to manage the existing asylum claims. In 2010, the number of applicants for asylum in Finland totalled 5988, out of which 1784 were given positive decisions. This thesis endeavour to highlight asylum seekers in the discourses about them by adding their voices to the discussions of them in contemporary Finland. Studies, which has concentrated on asylum seekers in Finland, uses the living conditions within asylum reception centres to assess the impacts of structural barriers on asylum seekers’ efforts to deal with the asylum process. By highlighting the impacts of the entire asylum process, which I believe starts from the country of origin; I focus on examining narratives of dealing with the experience of liminality whilst waiting for asylum, and then explore areas of possible participation within informal social networks for West African asylum seekers in Finland. The overall aim is to place the current research within the broader sociological discussion of ‘belonging’ for asylum seekers who are yet to be recognized as refugees, and who exist in a state of limbo. Methodologically, oral interviews, self-written autobiographical narratives, and ethnographic field work are qualitatively combined as data in this thesis for an empirical study of West African male asylum seekers in Finland. Narrative analysis is employed to analyze the data for this thesis. The ethnographic research data for the study began in May 2009 and ended in August of 2010. Altogether, ten interviews and four self-written narratives were collected as data. In total seven hours of audio recording were made, along eleven pages of hand-written autobiographical narratives. Field observation notes are employed in the study to provide contexts to the active interactional processes of interpretation throughout the analysis. Findings from the study suggest that within the experience of liminality, which surrounds the entire asylum process, participations within informal social networks are found to be important to the process of re-making place and the sense of belonging. My study shows that this is necessary to countering the experience of boredom, stress and social isolation, which permeate all aspects of life for West African asylum seekers, whilst they wait for asylum decisions in Finland.

Summary of Precipitation and Streamflow for Potrero and San Clemente Creeks in Water-Year 2007, Santa Lucia Preserve, Monterey County, California

In March 2007 CSU-Monterey Bay began hydrologic monitoring of Santa Lucia Preserve for the Santa Lucia Conservancy. This project is a continuation of monitoring begun by Balance Hydrologics as part of the permit requirements for land development. The purpose of this annual report is to present data summaries for the 2007 water year (October 1, 2006 to September 31, 2007). Rainfall in water year 2007 was very low, representing the 15 year drought rainfall. Streamflow was relatively low as well as indicated by baseflow conditions approaching the drought conditions of water-year 1991 (Croyle and Smith, 2007). Document contains 30 pages)

Saline water intrusion from deep artesian sources in McGregor Isles area of Lee County, Florida

Upward leakage of saline water from an artesian aquifer below 1,500 feet has caused an increase in chloride concentration in the lower Hawthorn aquifer from less than 1,000 mg/1 (milligrams per liter) to values ranging from about 1,300 to 15,000 mg/1. Similarly the higher temperatures of the intruding water has caused an increase in water temperatures in the aquifer from 82"F to values ranging from 83 to 93"F. The intruding water moves upward either through the open bore hole of deep wells or test holes, or along a fault or fracture system, which has been identified in the area. From these points of entry into the lower Hawthorn aquifer, the saline water spreads laterally toward the south and southeast, but is generally confined to components of the fault system. The saline water moves upward from the lower Hawthorn aquifer into the upper Hawthorn aquifer through the open bore hole of wells, which connect the aquifers. This movement has resulted in an increase in chloride from less than 200 mg/1 in the unaffected parts of the upper Hawthorn aquifer to values commonly ranging from about 300 to more than 3,000 mg/1 in parts of the aquifer affected by upward leakage. The upper Hawthorn aquifer is the principal source of ground-water supply for public water-supply systems in western Lee County. Similar effects have been noted in the water-table aquifer, where chloride increased from less than 100 to concentrations ranging from about 500 to more than 5,000 mg/1. This was caused by the downward infiltration of water discharged at land surface from wells tapping the lower Hawthorn aquifer. The spread of saline water throughout most of the McGregor Isles area is continuing as of 1971. (40 page document)

Records of hydrologic data, Walton County, Florida

This report presents discharge, chemical analyses, temperatures, and specific conductance records collected at 25 surface-water sites and chemical analyses of ground water, well descriptions and records of ground-water levels collected at 164 ground-water sites. It also contains 35 logs of the sedimentary rocks penetrated in the drilling of wells and test borings ranging in depth from 147 to 625 feet. These hydrologic data were collected as part of an investigation of the water resources of the county. The interpretative results of the investigation are in the report entitled, "Water resources of Walton County," by C. A. Pascale (in preparation, 1971). (108 page document)

Flood of September 20-23, 1969 in the Gadsden County area, Florida

The center of low pressure of a tropical disturbance which moved northward in the Gulf of Mexico, reached land between Panama City and Port St. Joe, Florida, on September 20, 1969. This system was nearly stationary for 48 hours producing heavy rainfall in the Quincy-Havana area, 70-80 miles northeast of the center. Rainfall associated with the tropical disturbance exceeded 20 inches over a part of Gadsden County, Florida, during September 20 through 23, 1969, and the maximum rainfall of record occurred at Quincy with 10.87 inches during a 6-hour period on September 21. The 48-hour maximum of 17.71 inches exceeded the 1 in 100-year probability of 16 inches for a 7-day period. The previous maximum rainfall of record at Quincy (more than 12 inches) was on September 14-15, 1924. The characteristics of this historical storm were similar in path and effect to the September 1969 tropical disturbance. Peak runoff from a 1.4-square mile area near Midway, Florida, was 1,540 cfs (cubic feet per second) per square mile. A peak discharge of 45,600 cfs on September 22 at the gaging station on the Little River near Quincy exceeded the previous peak of 25,400 cfs which occurred on December 4, 1964. The peak discharge of 89,400 cfs at Ochlockonee River near Bloxham exceeded the April 1948 peak of 50,200 cfs, which was the previous maximum of record, by 1.8 times. Many flood-measurement sites had peak discharges in excess of that of a 50-year flood. Nearly $200,000 was spent on emergency repairs to roads. An additional $520,000 in contractual work was required to replace four bridges that were destroyed. Agricultural losses were estimated at $1,000,000. (44 page document)

2007 Annual Report: Hydrologic Conditions in Baseflow Reaches Pursuant to Conditions 14 and 15, Santa Lucia Preserve, Monterey County, California

This report presents the results of the 2007 baseflow condition surveys of the four major streams flowing through Santa Lucia Preserve- Las Garzas, Portrero, San Jose, and San Clemente Creeks. This report has been prepared for the Santa Lucia Conservancy and is primarily intended for the staff of Monterey County and California Department of Fish and Game, in accordance with the baseflow monitoring and reporting requirements outlined in County Conditions 14 and 15. The scope of this report is limited to the presentation and evaluation of existing baseflow conditions as required by Conditions 14 and 15, and is not intended as a comprehensive analysis. However, data presented here are an important part of the long term data set that will be used for future in depth watershed analyses. (Document contains 13 pages & 14 figs)

Reconnaissance of the ground-water resources of Baker County, Florida

Ground-water is not widely used in Baker County, but the presence of a high equipotential area in the artesian system beneath the County made it necessary that the resource be understood insofar as this high affected the ground-water resources of Nassau and Duval counties which were being intensively studied and mapped. The method and rates of movement of ground-water from one point to another in the artesian aquifer are understood more fully by use of the data in this report. (PDF contains 30 pages)

Ground water in the Immokalee area, Collier County, Florida

The scope of the investigation involved the drilling of test holes and the detailed inventorying of existing wells in order to define the location, depth, potential yield, and chemical quality of the water contained in the shallow aquifer that might be used for the development of a central water-supply system. The field work and collection of data for the investigation covered the period 1961 through 1963. Much of the data collected for the report on the ground-water resources of Collier County (McCoy, 1962) is incorporated into this report. (Document has 36 pages.)

1998 warmwater fish survey of Vancouver Lake, Clark County

The Vancouver Lake warmwater fish population was sampled during the fall of 1998. Vancouver Lake is a large lake, connected directly to the Columbia River through the Lake River to the north and the constructed flushing channel on the eastern shore. A total of 16 species of fish were encountered, mostly warmwater game fish with a few seasonal visitors. The lake has suffered from water quality problems, and during the 1970s, it was dredged, and a channel was created to aid in increasing the water turnover rate, effectively connecting both ends of the lake to the Columbia River. As there is direct access to the Columbia River, managing this lake as a closed system may prove difficult. It is of our opinion that it may be a more effective use of resources to increase the anglers access to the available resources through providing improved boat launch access, and fish habitat structure throughout the lake. Additionally, educating the public about the how-to's of common carp angling could possibly open up additional resources not commonly utilized by the public. (Document pdf contains 38 pages)

Characterization of the sediments overlying the Floridan aquifer system in Alachua County, Florida

The primary purpose of this project is to attempt to improve the existing hydrogeologic information through lithologic and hydrogeologic characterizations of the sediments overlying the Floridan aquifer system in Alachua County. These sediments locally comprise both the intermediate aquifer system and associated confining beds and the surficial aquifer system. (PDF has 119 pages.)

Lithology and palynology of cave floor sediment cores from Wakulla Spring, Wakulla County, Florida

Five short bottom sediment cores taken in Wakulla Spring Wakulla County, Florida, were described lithologically and sampled for palynological study. Four of the cores were recoveredfrom sediments at the spring cave entrance (130 feet water depth). One core was taken in a fossil vertebrate bone bed, 280 feet distance into the main spring cave at a water depth of 240 feet. Sediments in the cores are composed of alternating intervals of quartz sand and calcilitite, containing freshwater diatoms, freshwater mollusk shells and plant remains. The predominant pollen present in all cores consists of a periporate variety typical of the herb families Chenopodiaceae and Amaranthaceae. Arboreal flora, typical of the area surrounding the spring today, represent a very low percentage of thle pollen assemblage in the cores. Clustered Chenopod-Amaranth type pollen observed in one core suggest minimal transport prior to deposition, and indicate that the bottom sediments in the cave may be essentially In situ. An absence of exotic flora suggests a Quaternary age for the sediments. (PDF contains 11 pages.)

The artesian water of the Ruskin area of Hillsborough County, Florida: interim report

The purpose of the investigation is to make a detailed study of the geology and ground water in the Ruskin area, especially as related to the problem of salt-water encroachment. The major objectives of the program includes: (1) An inventory of wells to determine their number and distribution, their depths and diameters, and other pertinent information. (2) A study of artesian pressures. (3) Analyses of water from selected wells to determine the location and extent of any areas in which the artesian water is salty. (4) A study of the surface and subsurface geology as related to the occurrence and movement of ground water. (5) An estimate of the quantity of ground water withdrawn. (PDF contains 24 pages.)