What Happens After a Country Expert Is Instructed in a UK Immigration Case?

In an immigration or asylum case, instructing a country expert is one stage in the wider evidence process. After an instruction is accepted, the expert may need to review the instructions and case materials, consider the questions within their area of expertise, undertake relevant research and prepare a report.

The exact process can vary depending on the circumstances of the case, the issues being considered, the material provided and the applicable procedural timetable.

This guide outlines some of the stages that may follow when a country expert is instructed in an immigration case.

1. The Country Expert Reviews the Instruction

After receiving an instruction, the country expert will generally need to understand what they have been asked to consider and the purpose of the proposed evidence.

An instruction may include information about:

• The type of immigration or asylum proceedings
• The country or region relevant to the case
• The specific questions the expert is being asked to address
• Relevant documents provided for consideration
• Procedural or hearing dates, where known
• Whether the instruction concerns a new report, an update or an addendum

The expert may also need to consider whether the requested work falls within their qualifications, knowledge and experience.

Defining the scope of the instruction

A country expert's work should generally remain within their area of expertise. The expert is not being asked to determine the legal outcome of the case.

A clear instruction can therefore help distinguish between country-specific questions suitable for expert consideration and legal questions that are matters for the legal representatives or decision-maker.

2. Relevant Case Materials Are Provided

The expert may then receive documents and other information relevant to the questions they have been instructed to consider.

Depending on the circumstances, these materials may include:

• The appellant's statement
• Relevant interview records
• Documentary evidence relating to the claim
• Previous expert evidence
• Relevant correspondence
• Procedural documents
• Information identifying the issues in dispute

The materials required will depend on the instruction. The expert may not need every document connected with the case, but should have sufficient information to understand the questions they are being asked to address.

Why case materials matter

Country information needs to be considered in the context of the particular questions raised by the case. The materials provided may help the expert understand the factual circumstances on which an opinion is requested.

This does not mean that the expert determines whether the appellant's account is accepted as fact. Rather, the information may provide relevant context for the expert's assessment of matters within their specialist knowledge.

3. The Expert Identifies the Questions to Be Addressed

After reviewing the instruction and supporting material, the country expert may identify the questions that require consideration.

Questions should generally be sufficiently clear and relevant to the expert's specialist knowledge.

For example, an instruction may ask an expert to consider a particular country practice, regional circumstance, social condition or other country-specific issue relevant to the proceedings.

Keeping questions within the expert's expertise

A country expert can provide specialist evidence on matters within their knowledge and experience. Questions requiring a legal conclusion may fall outside the appropriate scope of country expert evidence.

Similarly, an expert would not ordinarily be responsible for deciding whether an individual satisfies the legal requirements for asylum, humanitarian protection or another form of immigration relief.

Appropriately framed questions can help keep the report focused on the matters for which expert evidence is being sought.

4. The Expert Undertakes Relevant Research

The country expert may then undertake research relevant to the instruction.

The precise research required will depend on the subject matter. It may involve consideration of relevant country information, specialist publications, academic material, reports and other sources relevant to the questions being addressed.

The expert's research should generally be directed towards the specific issues within the scope of the instruction.

Keeping the research focused

A country expert report does not necessarily need to address every aspect of conditions in a particular country.

Research can instead be focused on the questions that the expert has been asked to consider. This may help the final report remain relevant and proportionate to the instruction.

Where relevant information is incomplete, uncertain or conflicting, the expert may need to explain those limitations when setting out their opinion.

5. The Expert Considers the Case Materials and Specialist Knowledge

The expert may consider the case materials alongside their own specialist knowledge and the research undertaken for the instruction.

At this stage, the expert may consider how the country-specific issues relate to the factual circumstances presented in the case.

It can be useful for a report to distinguish between:

• Information obtained from source material
• Matters arising from the expert's specialist knowledge
• Factual assumptions provided as part of the instruction
• Opinions reached by the expert

This can help the reader understand the basis on which the expert's opinion has been formed.

6. The Country Expert Prepares the Report

After considering the instruction, case materials and relevant research, the expert may prepare the country expert report.

The content will depend on the circumstances of the case and the questions asked. The report may set out information about the expert's qualifications and experience, the instructions received, the material considered, the relevant country issues and the opinions reached.

Explaining the basis of an opinion

An expert opinion will generally be more understandable when the report explains the reasoning behind it and identifies the material or specialist knowledge on which it is based.

The appropriate level of detail will vary from case to case. A narrowly defined instruction may require a different report from one involving several distinct country-specific questions.

7. The Legal Representative Reviews the Report

Once the report has been prepared, the instructing solicitor or other representative may review it alongside the case papers.

The review may help identify whether:

• The report addresses the questions set out in the instruction
• The factual assumptions appear to have been understood correctly
• Further clarification may be required
• Additional information has become relevant
• The report needs to be considered in light of developments in the case

This review should not be confused with directing the expert's opinion. The expert's assessment should remain independent.

Seeking clarification

If part of the report is unclear, the legal representative may seek clarification from the expert.

Any clarification should generally remain within the expert's area of expertise. A request for clarification is not, in itself, a basis for asking an expert to alter an opinion simply because that opinion does not support a party's position.

8. Further Material May Be Considered

An immigration or asylum case can develop after an expert has begun work.

For example, further documents may become available, the factual circumstances may be clarified, or the issues requiring expert consideration may change.

If new material is provided, the expert may need to consider whether it has any bearing on the opinion already expressed.

The appropriate approach will depend on the nature and significance of the new material.

When an update or addendum may be considered

In some circumstances, further information may justify additional expert consideration or an updated report. In other circumstances, it may not materially affect the existing opinion.

Whether an addendum or update is appropriate will depend on the particular case, the nature of the new information and the applicable procedural requirements.

9. The Report May Form Part of the Evidence

Once completed, the country expert report may be relied upon as part of the evidence in the proceedings, subject to the relevant procedural requirements.

An expert report is one part of the evidence available to the decision-maker. It does not determine the outcome of an immigration or asylum case.

The weight given to expert evidence may depend on factors such as the expert's qualifications and experience, the relevance of the evidence, the reasoning provided and how the evidence relates to the other material before the decision-maker.

10. The Expert May Be Asked to Attend a Hearing

In some cases, a country expert may be asked to provide oral evidence.

This may involve attending a tribunal hearing and answering questions about the report and matters within the expert's specialist knowledge.

The arrangements will depend on the individual case and any relevant directions or procedural requirements.

Preparing for oral evidence

Where attendance is required, the expert may review:

• The completed report
• The original instructions
• Material relevant to the opinions expressed
• Any significant developments since the report was prepared
• Issues that may require clarification during the hearing

The expert's role remains focused on matters within their expertise. They are not ordinarily responsible for presenting the legal case for either party.

11. Independence Remains Important

Throughout the process, the country expert's independence remains an important consideration.

The expert's role is to provide an objective opinion within their area of expertise rather than to act as an advocate for the party who instructed them.

This means that an expert may reach a conclusion that does not support the position of the party who commissioned the report. Independent expert evidence is intended to reflect the expert's professional assessment rather than a desired case outcome.

For information about the services available, see the Country Expert Witness services page.

A Practical Overview of the Process

The process after instructing a country expert can broadly involve:

1. The expert receives and reviews the instruction.
2. Relevant case materials are provided.
3. The expert identifies the questions within their expertise.
4. Relevant research is undertaken.
5. The expert considers the case materials and specialist knowledge.
6. The country expert report is prepared.
7. The instructing representative reviews the report.
8. Further material may be considered if the case develops.
9. The report may be relied upon as part of the evidence, subject to applicable requirements.
10. Where required, the expert may attend a hearing and provide oral evidence.

Not every case will follow exactly the same sequence. The work required can depend on the instruction, the evidence, the procedural timetable and the issues involved.

Conclusion

Instructing a country expert is the beginning of an evidential process rather than the end of it. Following an instruction, the expert may need to review the case materials, identify the relevant questions, undertake research, prepare a reasoned report and consider further information if the case develops.

Where oral evidence is required, the expert may also be asked to attend a hearing and answer questions about their report and specialist opinions.

For legal representatives, understanding the stages that may follow an instruction can assist with planning the evidence process and allowing appropriate time for the expert's work. The precise requirements will depend on the individual case and the applicable procedural framework.

For further information about instructing a country expert, see the Brief an Expert page.

Disclaimer: This article provides general information about the process that may follow the instruction of a country expert in immigration and asylum cases. It is not legal advice and does not replace the applicable procedural rules, tribunal directions or professional advice on an individual case.

Last Reviewed: September 2026