When to Instruct a Country Expert in African Asylum Appeals: An Evidential Guide

In an asylum appeal, evidence about a claimant's country of origin can be relevant to questions concerning their account, circumstances and potential treatment on return.

Country of origin information may address many of these issues. In some cases, however, a legal representative may consider whether independent country expert evidence could assist with a particular issue that is not adequately addressed by the evidence already available.

The decision to instruct a country expert will depend on the facts and evidential issues in the individual case. An expert report is not automatically required simply because an appeal concerns an African country.

This guide considers some of the circumstances in which a country expert may be relevant, the distinction between country of origin information and expert evidence, and practical points to consider when preparing instructions.

What is a country expert in an asylum appeal?

A country expert is a person with relevant knowledge and expertise concerning a particular country or subject.

In an asylum appeal, an expert may provide an independent opinion on matters that fall within their area of expertise. Depending on the circumstances, this could include aspects of political, social, cultural, security or other country conditions.

The expert's role is different from that of the legal representative.

An expert's duty is to assist the Tribunal on matters within their expertise. Expert evidence should be independent and objective, and an expert should not assume the role of an advocate.

The expert does not decide whether an asylum claim should succeed. The Tribunal remains responsible for assessing the evidence and deciding the appeal.

The weight given to expert evidence can depend on factors including the expert's qualifications and experience, the relevance of their expertise, the sources relied upon, the reasoning in the report and how the evidence relates to the issues in the particular case.

When might a country expert be relevant?

There is no general rule that a country expert should be instructed in every African asylum appeal.

The relevant question is whether the proposed expert evidence could assist with a material issue that requires appropriate specialist knowledge.

Some circumstances that may warrant consideration include the following.

1. A material issue requires specialist country knowledge

An asylum appeal may involve a particular issue concerning the claimant's country of origin that is difficult to assess from general country information alone.

For example, the case may involve a particular political organisation, community, local practice, social group, regional situation or other country-specific issue.

Where a material question requires specialist knowledge, a country expert may be able to provide relevant evidence within their field of expertise.

The proposed expert should, however, have expertise that is sufficiently relevant to the particular question being asked.

Knowledge of a country does not necessarily mean that an individual has expertise in every issue concerning that country.

2. Existing country information does not fully address the issue

Country of origin information can provide important background evidence in asylum cases.

It may contain information about political developments, security conditions, human rights issues, treatment of particular groups and other matters relevant to protection claims.

However, published country information will not necessarily address every question arising in an individual appeal.

There may be limited information about a particular locality, community, practice, organisation or set of circumstances.

Where a material evidential question remains after reviewing the available country information, legal representatives may consider whether specialist expert evidence could provide additional context.

The purpose should be to address an identified evidential issue rather than simply reproduce information that is already available.

3. The appeal raises a question about the claimant's account in its country context

Some asylum appeals involve questions about whether particular aspects of a claimant's account are consistent with conditions or practices in their country of origin.

Depending on the circumstances, an expert may be able to provide evidence about the country context surrounding matters such as political activity, social relationships, local practices, terminology, events or other circumstances.

An expert should not be asked to decide whether a claimant is telling the truth.

Instead, the expert may provide relevant country-specific evidence that the Tribunal can consider alongside the claimant's evidence and the other material in the case.

4. The appeal raises a specific issue concerning risk on return

A country expert may also be considered where there is a material question about potential treatment or circumstances on return.

The precise issue will depend on the individual appeal.

For example, the evidence may concern the position of a particular group, the significance of particular political or social activities, conditions in a particular region, or circumstances affecting a person with particular characteristics.

Any opinion should remain within the expert's actual area of expertise.

The expert should also distinguish between established information and their own opinion where appropriate.

5. There is an identifiable evidential gap

One useful starting point is to identify what the existing evidence does not establish or adequately explain.

An evidential gap may arise where information about a particular issue is limited, inconsistent, difficult to interpret, or not sufficiently specific to the circumstances raised in the appeal.

If such a gap concerns a matter within an expert's field of expertise, independent expert evidence may be relevant.

Identifying the evidential gap can also help legal representatives formulate focused instructions.

Country of origin information and expert evidence

Country of origin information and country expert evidence can serve different functions.

Country of origin information generally provides information about conditions in a claimant's country of origin. It can help establish the background circumstances relevant to an asylum claim and may assist with questions concerning credibility and risk.

Expert evidence may involve an individual with relevant specialist expertise providing an independent opinion on particular issues.

The two should not necessarily be treated as alternatives.

A legal representative may first consider what relevant country information establishes and then identify whether a material question remains that requires specialist evidence.

The aim is not necessarily to add another report to the evidence. The aim is to determine whether the proposed evidence has a clear and relevant purpose.

For more information about Africa Expert Reports and the areas of country expertise covered, visit the Africa Expert Reports homepage.

What should be identified before instructing a country expert?

Before instructions are prepared, it can be helpful to identify the precise issue on which expert evidence is being considered.

Depending on the case, the relevant questions may concern:

• the claimant's country or particular region of origin
• the position of a particular group or community
• political or social circumstances
• a particular practice or event
• the significance of particular activities or characteristics
• conditions affecting a particular category of person
• potential circumstances on return
• an issue that is not adequately addressed by the existing country evidence

The proposed questions should be connected to material issues in the appeal.

They should also remain within the expert's field of expertise.

Why focused instructions matter

Instructions should give the expert enough information to understand the questions they are being asked to address.

Depending on the case, relevant material may include:

• the claimant's statement
• relevant interview records
• the refusal decision
• relevant previous decisions
• existing expert reports
• relevant country information
• other evidence directly connected to the questions being asked

The precise material required will depend on the case.

The current First-tier Tribunal Immigration and Asylum Chamber Practice Direction contains specific provisions concerning expert evidence and country evidence. Legal representatives should therefore consider the applicable Tribunal requirements when preparing and submitting expert evidence.

Clear instructions can help distinguish between the factual background, the issues requiring expert consideration and the specific questions on which an opinion is sought.

The expert should be able to address those questions independently rather than being asked to support a predetermined conclusion.

When might a country expert report be less appropriate?

Expert evidence is not necessarily appropriate for every asylum appeal.

It may add limited value where the proposed report would simply repeat reliable and sufficiently detailed country information that already addresses the relevant issue.

It may also be inappropriate where the proposed expert is being asked to reach conclusions outside their expertise.

For example, general knowledge of a country does not automatically establish expertise in its legal system, document verification, medical practice or another specialist subject.

The proposed expert should have appropriate expertise for the actual question being asked.

An expert should also not be asked to determine issues that are ultimately for the Tribunal to decide.

How does expertise affect the evidence?

The scope of an expert's expertise is important.

A person may have extensive knowledge of a particular country while having specialist expertise in only certain aspects of that country.

For example, expertise in a country's political or social conditions does not necessarily establish expertise in every aspect of its legal system or in the authenticity of particular documents.

Legal representatives should therefore consider whether the proposed expert's qualifications, experience and knowledge correspond to the issue on which an opinion is required.

The report should also explain the basis for the opinions expressed and identify the material relied upon.

What can a country expert report address?

The contents of an expert report will depend on the questions asked and the expert's area of expertise.

Subject to those limitations, a report may address matters such as:

• relevant country or regional context
• the position of a particular group
• political or social circumstances
• the significance of particular activities or events
• country conditions relevant to an identified issue
• matters that are not adequately explained by existing country information
• an expert's reasoned opinion on questions falling within their expertise

The report should distinguish between factual information, sources and expert opinion where appropriate.

It should also identify the material relied upon and explain the reasoning behind any conclusions.

When should a country expert be instructed?

The appropriate timing will depend on the circumstances of the appeal.

Where it becomes apparent that expert evidence may be relevant, legal representatives may wish to consider instruction early enough to allow the expert reasonable time to review the material, undertake any necessary research and prepare the report.

Timing may be particularly important where the report needs to be considered before a hearing or where there are procedural deadlines.

However, the decision to instruct should still be based on the evidential needs of the case rather than simply on the existence of a forthcoming hearing.

The applicable Tribunal directions and deadlines should be considered when determining when evidence needs to be prepared or filed.

A practical checklist for solicitors

Before instructing a country expert in an African asylum appeal, it may be useful to consider the following questions:

What is the material issue?

Identify the specific issue that the proposed expert evidence is intended to address.

What does the existing evidence establish?

Review the relevant country information and other evidence before deciding whether an additional expert opinion is necessary or potentially useful.

Is there an evidential gap?

If so, identify precisely what remains unclear or requires specialist explanation.

Does the proposed expert have relevant expertise?

Consider whether the person's qualifications, experience and knowledge correspond to the issue on which an opinion is required.

Are the questions focused?

Instructions should identify the relevant questions without asking the expert to determine matters outside their expertise or the Tribunal's role.

Has the expert been given relevant material?

The expert needs sufficient information to understand the case and the questions they are being asked to consider.

Is there sufficient time?

Allowing appropriate time for research, consideration and preparation may be particularly important where the report is required for a hearing or filing deadline.

Country expert evidence in African asylum appeals

African asylum appeals can involve substantially different circumstances depending on the country, region, community and individual facts of the case.

For that reason, the relevance of expert evidence should be assessed on the particular evidential issues rather than assumed from the claimant's country of origin alone.

A country expert may be relevant where a material question requires specialist country knowledge that is not adequately addressed by the evidence already available.

The starting point can therefore be a straightforward evidential question:

What does the Tribunal need to understand that the existing evidence does not adequately explain?

If there is a clear material issue within an appropriately qualified expert's field, independent country expert evidence may be worth considering.

For further information about the services and country coverage provided by Africa Expert Reports, visit the Africa Expert Reports homepage.

For common questions about country expert reports and related evidence, see the Africa Expert Reports FAQ.

If a legal representative wishes to make an enquiry about a potential instruction, the Africa Expert Reports contact page provides the relevant contact information.