Language Analysis: Home Office Instruction for Suitability and Procedure, Study Guides, Projects, Research of Swedish

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Language analysis

Version 21.

Contents

Medical grounds or disability grounds raised for not completing the LA interview

• Contents
• About this guidance
  • Contacts
  • Publication
  • Changes from last version of this guidance
• Language analysis introduction
  • Audience.................................................................................................................
  • Purpose of instruction
  • Background
  • Application of this instruction in respect of children and those with children
• Suitability criteria for language analysis
  • General points
  • LA on a case-by-case basis
  • LA targeted by nationality or national origin basis
  • Children
• Authorisation to test..................................................................................................
  • Preliminary considerations
    • Initial checks
    • Timing of LA and asylum interviews
  • Authorisation for LA
• Compliance and consent
  • Claimant compliance with the language analysis process
    • Unaccompanied asylum seeking children: responsible adults
    • Claimant fails to attend or complete a language analysis interview
• Language analysis interview
  • Booking the language analysis (LA) interview
  • Cancelling LA interviews
  • Conducting the LA interview
• Language analysis: preliminary assessment
  • Preliminary assessment: outcomes
  • Updating Home Office records
    • CID
  • Preliminary assessment disputes claimed linguistic origin
• Language analysis: full report and other items
  • Report and CD receipt, administration and obtaining copies
  • Full report outcomes
    • Report outcomes
    • Quality of LA reports
  • Translated transliterations
• The substantive asylum interview
  • Preparation
  • Interview
• Decisions and appeals in language analysis cases
  • General considerations
  • Granting asylum or humanitarian protection
  • Refusing the claim
    • Serving asylum refusals
  • Post-refusal and appeal actions............................................................................
• Process summary.....................................................................................................
• Standard wordings for substantive interviews - claimed.............................................................................................................. provides strong evidence that they are of the nationality or national origin - claimed.............................................................................................................. provides strong evidence that they are not of nationality or national origin - Claimant did not attend the LA interview - Claimant agreed to take part but did not complete the LA interview - Claimant refused to participate in the LA interview - Only the preliminary results are held at the time of the substantive interview
• Standard wordings for reason for refusal letters - is from the place/group claimed (but still falls for refusal) The results of the analysis provide strong evidence to indicate that the claimant - stated in the report is not from the place group claim, and is instead from another place or group, - The claimant agreed to take part but did not complete the LA interview - Where satisfactory reason has been given - failing to complete the LA interview Where no reason has been given or satisfactory reason has not been given for - The claimant did not attend or take part in the LA interview - Where satisfactory reason has been given
  • failing to attend or not agreeing to take part in the LA interview Where no reason has been given or satisfactory reason has not been given for
• Language analysis form 1 (LA Team authorisation request)
• Language analysis form 2 (Verified order form)
• Language analysis form 3 (DA SEF, consent form, ASL.3384)................................
• Language analysis form 4 (Verified cancellation form)
• Contacts
• Sprakab
• Process improvement...............................................................................................

About this guidance

This guidance tells officers involved in the immigration system about the language analysis process used by the Home Office, how it is accessed and when it should be used.

Contacts

If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors then email Asylum Policy. If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email Guidance – making changes.

Publication

Below is information on when this version of the guidance was published:

• Version 21.
• published for Home Office staff on 02 March 2018

Changes from last version of this guidance

• consent section updated, to reflect remote interviewing by video-link process
• clarification regarding the weight given to language analysis evidence
• minor presentational updates
• contact details updated Related content Contents

safeguard and promote the welfare of children in the UK. It does not impose any new functions, or override existing functions. Officers must not apply the actions set out in this instruction either to children or to those with children without having due regard to the statutory guidance on Section 55 , which sets out the key principles to take into account in all Home Office activities involving children. Our statutory duty to children includes the need to demonstrate:

• fair treatment which meets the same standard a British child would receive
• the child’s interests being made a primary, although not the only, consideration
• no discrimination of any kind
• that asylum claims are dealt with in a timely fashion
• identification of those that might be at risk from harm Related content

Contents

Suitability criteria for language analysis

Language analysis (LA) may be conducted on one of two bases:

• on case-by-case consideration, particular doubts are held about an individual’s claimed origin
• targeted, because an inadequately-documented individual claims to be a nationality or have a national origin that may be tested under an exemption to the Equality Act 2010 Strict rules apply to testing under both bases (see the ‘basis’ sections, below).

General points

Whether on a case-by-case or targeted basis, testing must not proceed if:

• there is sufficient reason to accept claimed nationality or national origin (usually this will be where there is reliable and accepted documentary proof)
• Eurodac action is pending (see the instruction Dublin III regulation)
• informed consent has not been obtained
• the LA Team has not given explicit authorisation to test In any case, testing should not ordinarily be necessary if an alternative nationality or place of origin can be clearly attributed to the individual through other means (for instance, a properly explored biometric match). Officers may raise the issue with the LA Team for further advice

LA on a case-by-case basis

Except where targeted testing by nationality or national origin is permitted (see examples below), LA may be carried out only where there are specific reasons to suspect the claimant has provided false information regarding their place of origin. The reason for doubting nationality or national origin on a case-by-case basis must be documented when seeking authority to test (see Authorisation to test). Examples of when a claimant’s claimed nationality or national origin might provoke doubt are:

• where the claimant is unable to speak to an adequate level the primary language expected of their claimed country or region of origin
• where there is a strong indication that the claimant’s dialect or accent is inconsistent with their claimed country or region of origin
• where the claimant discloses contradictory statements or other unreliable evidence regarding their country or region of origin
• where the claimant lacks knowledge about their claimed place of origin, inconsistent with their education level, profession, and what they might reasonably be expected to know (for example, unable to name landmarks or villages near their home)

Authorisation to test

Preliminary considerations

Initial checks

Before considering language analysis (LA), officers must ensure that key actions and checks have been undertaken. In particular, officers must:

• ensure that standard actions have been taken in respect of recording identity, taking fingerprints, conducting security checks, Casework Information Database (CID) actions, screening, file creation
• take appropriate action, discussing with a senior caseworker or CIO in any case of doubt, if at this point information comes to light indicating that other action is appropriate to conclude or advance the claim (for instance, evidence of a Eurodac hit or of multiple claims where the other identity is concrete)
• check CID and the case file to ensure that LA has not already been conducted: this may arise if testing was undertaken at the time of screening - reports, if not attached to file, will be available from the LA Team - see Report and CDs receipt, administration and obtaining copies

Timing of LA and asylum interviews

LA should be arranged at the earliest point that testing criteria are engaged. Where the Equality Act exemption applies, this will usually be from the point of asylum screening. In other cases, it will usually be later in the process. Reasons for testing may arise only during or even after the substantive interview, potentially requiring a further asylum interview, in order to give the claimant an opportunity to explain any issues which have been identified. It may be possible to arrange LA with the supplier at late notice, but this must not be relied on. Wherever possible, LA should be arranged in advance.

Authorisation for LA

LA testing may be undertaken only where clear and explicit email authorisation is given by the LA Team with regards to a specific case. To obtain authorisation, officers must:

1. Ensure that the Suitability criteria for LA are met.
2. Agree the la proposition with an appropriate senior officer in the unit.
3. Fully complete LA Form 1 (LA Authorisation Request). Most information should be available from the screening interview, or the substantive interview in some cases. Officers must ensure that in this and all other transactions relating to LA testing, the same reference number is used throughout.

4. Send the form to the LA Team, which will respond to the request within 1 working day.
5. In exceptional circumstances where immediate authorisation to test is required, seek authorisation from the LA Team by telephone (see Contacts). In such cases, LA Form 1 must be sent to the LA Team directly after the interview, to ensure records are maintained for audit and invoice purposes.
6. Copy the authorisation email to file if authorisation is given, and copy the reasons for testing from LA Form 1 to CID Notes, with a brief explanation. Related content Contents

Related content Contents

Claimant fails to attend or complete a

language analysis interview

Failure to comply with language analysis (LA) by claimants may constitute behaviour which is designed to conceal information or obstruct the handling or resolution of the claim, under section 8(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (see the instruction on Assessing credibility and refugee status). However, claimants must be afforded an opportunity to explain their behaviour. If the claimant fails to attend or to complete the LA interview or fails to respond to questions asked by the analyst and does not have a reasonable explanation for doing so, the following actions must be taken:

1. Ascertain the reasons for the failure to attend or complete the LA interview, writing to the claimant and their legal representatives if they are not present.
2. Obtain and attach to file any written explanation as to why the individual did not attend.
3. Document the refusal to comply with the LA process on Part B of LA Form 3 (ASL.3384) and ask the claimant to sign the form confirming that they do not wish to participate. If the claimant refuses to sign, their reasons for not doing so must be recorded on the form.
4. If the reason for failing to attend or complete the LA interview is considered to be reasonable in all circumstances, consideration must be given to either attempting to interview again or to proceeding without the LA, without drawing any adverse conclusions from the previous failure.
5. If LA completion is not possible, update CID to show the refusal to consent: o In ‘Person/Case search’, enter HO reference in the ‘Search Criteria’ box o Click ‘Special Conditions’ on vertical menu o Select ‘Language Analysis Test’ from the static data o Enter the day of the test for the ‘Lodged Date’: Leave the ‘Closed Date’ blank, to clearly indicate that no test was completed o Update the ‘Additional Information’ field with the capitalised word ‘non- completion’ (write NON-COMPLETION), and a short summary of any reasons given for refused consent o Click ‘Save/Exit’

Medical grounds or disability grounds raised for not completing

the LA interview

Medical or disability grounds will only be regarded as a valid reason for failing to participate in LA if they impinge on the claimant’s ability to attend for interview, to interact with the process, to use telephony equipment effectively, and to talk clearly (which may include learning difficulties or mental health issues which have the capacity to influence a person’s speech).

Language analysis interview

Booking the language analysis (LA) interview

After the LA Team has given permission to test, LA should be booked directly with Verified, between 8am and 4pm on working days (UK time, excluding Swedish public holidays). Wherever possible, the interview must be booked in advance, giving the supplier fair notice to organise and prepare. For a limited number of cases, late notice interviews may be arranged, possibly within less than an hour. To book an LA interview, officers must take the following actions:

1. Ensure an interview room is available for the time of the prospective interview.
2. Use handset telephones at all times, except for where claimant accessibility is a factor (for example, being unable to hold a handset steady – see medical grounds or disability grounds raised for not completing the la interview). This is important because speakerphone sound quality is not usually as good as handsets, which can affect the analysis and compromise the effectiveness of LA testing.
3. Complete la form 2 (verified order form) as fully as possible, clearly identifying the name of the home office officer dealing with the case and the preferred date and time of the LA test - send the form to verified and the LA team. Verified will usually respond within 1 to 2 hours, either agreeing the proposed date and time, suggesting an alternative, or (as may be the case for less common languages or dialects) acknowledging the request and promising a prompt substantive response - the booking confirmation must be copied to file - it will detail the telephone number to be used when conducting the LA interview.
4. If an immediate response is required, officers may make the request by telephone, sending the verified order form to verified immediately afterwards to confirm details.
5. Ensure that in this and all other transactions relating to LA testing, the same reference number is used throughout (preferably the HO reference). See Contacts list for telephone numbers and email addresses.

Cancelling LA interviews

On occasion, it may be necessary to cancel an interview; for instance, if the claimant fails to attend their interview at the appointed time, or if a test is no longer required. Late cancellations carry a charge to the Home Office, and so, without delay, officers must inform Verified and the LA Team if an interview will not take place. To cancel an LA interview, officers must:

1. Complete and send the cancellation form (see LA Form 4 for standard text) to Verified, copied to the LA Team.

2. Update CID Notes to confirm the due time of the LA interview, the time of the cancellation, and the reason for the cancellation. If a planned LA interview is cancelled, or not completed, on 2 occasions, officers must not attempt to rebook a third LA test with Verified without obtaining further explicit authorisation from the LA Team. This further authorisation does not require a formal application, but it does require the situation and the reason for the earlier cancellations to be clearly explained to the LA Team, either by email or telephone. Officers must also explain to the LA Team the actions that will be taken to minimise the risk of further cancellations for the case.

Conducting the LA interview

To conduct a LA interview, ordinarily lasting 20-30 minutes, officers must:

1. Escort the claimant to the interview room. If required, an interpreter should be present to interpret for the officer and the claimant during and after the LA.
2. Telephone verified on the number they provide in their booking confirmation, at the agreed LA interview time.
3. Allow the claimant to speak directly to the analyst. The analyst will explain that the purpose of the conversation is only to analyse the claimant’s language and that the claimant should not state their name. Related content Contents

CID

Officers must update CID, according to the following actions:

1. In ‘Person/Case search’, enter HO reference in the ‘Search Criteria’ box.
2. Click ‘Special Conditions’ on vertical menu, select ‘Language Analysis Test’ from the static data and enter the day of the test for the ‘Lodged Date’ and ‘Closed Date’.
3. Update the preliminary assessment if known in the ‘Additional Information’ field.
4. Click ‘Save/Exit’.
5. Also update CID Notes.

Preliminary assessment disputes claimed linguistic origin

If the preliminary result clearly indicates that the claimant does not have the linguistic origin claimed and the claimant is still present and available for further questioning, officers must consider and take the following action:

1. Inform the claimant about the LA preliminary findings and invite their comments.
2. Question the claimant and attempt to ascertain their true place of origin if still doubted. Related content Contents

Language analysis: full report and

other items

Report and CD receipt, administration and obtaining

copies

Officers must note and take action in respect of the following points:

• Verified will send full reports via email to the Language Analysis (LA) Team and the named contact in the order form
• Verified’s full reports are delivered within 3 working days if the linguistic origin is as claimed, or 5 working days if it is other than claimed
• upon receipt of the report by email, officers must print and attach a hard copy to file, minute the file, and note receipt on CID Notes
• if officers receive the report or any associated LA materials but are no longer responsible for the case, they must check CID to identify the new caseworker, confirm interest and then forward the report to them, recording action on CID Notes
• in screening cases, the caseworker will not be known at the time of the LA test: after routing, caseworkers must check CID and file for evidence of testing and where relevant, request the report from receiving officer, or the LA Team
• CD audio recordings of the interview are delivered to the LA Team by post within 10 working days of the LA interview (hard copies of the LA report are no longer supplied)
• the LA Team will forward CD audio recordings to the relevant caseworker
• caseworkers must upon receipt of the CDs, attach them securely to file, minute the file, and note receipt on CID Notes
• copies of reports, CDs or other documents may be obtained by emailing the LA Team in the first instance officers must not ask Verified directly for copy reports, CDs, or other documents

Full report outcomes

Each report will express its analysis and results according to at least one and possibly 2 hypotheses. Every report will address the first hypothesis, which is that the speaker has the linguistic background as claimed. If linguistic background is not as claimed (see negative outcomes below), a second hypothesis proposing an alternative background will be tested. There are 7 possible outcomes to each hypothesis in a Verified report (Sprakab reports differ):

• +3 - the language analysis shows with certainty that the results obtained are clearly consistent with the linguistic community as stated in the hypothesis
• +2 - the language analysis clearly suggests that the results obtained most likely are consistent with the linguistic community as stated in the hypothesis