When Should a Country Expert Be Asked to Clarify an Opinion in an Immigration Case?

A country expert report may raise questions that require clarification after the report has been reviewed. This may occur where a point is unclear, a factual assumption needs to be explained, the basis of an opinion requires further detail, or new information becomes relevant to an issue addressed by the expert.

Clarification is different from asking an expert to change an opinion simply because it does not support a party's case. A country expert's opinion should remain independent and within the expert's area of knowledge and experience.

This guide explains circumstances in which a solicitor or other legal representative may consider asking a country expert to clarify an opinion in a UK immigration or asylum case.

What Does Clarification of a Country Expert Opinion Mean?

Clarification generally involves asking the expert to explain or expand on something already addressed in the report.

For example, a legal representative may need to understand:

• What information the expert relied upon when reaching an opinion
• How a particular factual assumption was understood
• Why the expert reached a particular conclusion
• Whether an opinion relates to a particular factual scenario
• What a technical or country-specific term means
• Whether subsequent information has any relevance to an existing opinion

The purpose is generally to make the expert evidence clearer rather than to invite a different conclusion.

When Might Clarification Be Appropriate?

There is no single set of circumstances in which clarification will always be required. Whether a question should be put to the expert will depend on the report, the instruction and the issues arising in the individual case.

Several situations may justify considering clarification.

An Opinion Is Not Clear From the Report

An expert may express an opinion that is understandable to a specialist but less clear to someone without the same country knowledge.

If the reasoning or terminology used in the report is unclear, the instructing representative may need to ask the expert to explain the point.

For example, a report may refer to a particular regional practice or social circumstance without making clear how that information relates to the question posed in the instruction. A focused clarification may help establish the connection.

The Basis of an Opinion Needs Further Explanation

A country expert may rely on several sources or areas of specialist knowledge when forming an opinion.

If the basis of an opinion is not sufficiently clear from the report, a representative may ask the expert to explain the material or specialist knowledge on which the opinion depends.

This can be relevant where the report contains a conclusion but the reasoning leading to that conclusion is not immediately apparent.

A Factual Assumption Needs Clarification

Expert instructions may include factual assumptions for the purpose of considering a particular question.

If the expert appears to have understood an important assumption differently from the instructing representative, clarification may be appropriate.

The expert can then explain how the opinion should be understood on the factual basis that was actually provided, where that question falls within the expert's expertise.

This does not mean that the expert decides which version of disputed facts is correct. The expert's role is to address the assumptions or information properly put to them.

Clarification Where New Information Becomes Available

Immigration and asylum cases can develop after an expert report has been completed.

New documents, additional statements or other relevant information may become available. In some cases, this may raise a question about whether the existing expert opinion remains applicable.

A legal representative may ask the expert to consider whether the new information has any bearing on the existing opinion.

Does New Information Require a New Report?

Not necessarily.

The effect of new information will depend on what it contains and how closely it relates to the issues addressed in the original report.

The expert may consider that the existing opinion remains unchanged. Alternatively, further analysis may be required if the new information materially affects an issue within the expert's expertise.

Whether an addendum or updated report is appropriate will depend on the circumstances of the case and the applicable procedural requirements.

Clarifying Country-Specific Terminology

Country expert reports can contain terms that are familiar to specialists but less familiar to legal representatives or other readers.

For example, a report may refer to:

• A local institution
• A regional administrative structure
• A social or political group
• A particular customary practice
• A geographic distinction
• A country-specific term

Where the meaning of such terminology affects the understanding of the expert's opinion, clarification may help.

The expert can explain the term or its significance without moving beyond the subject matter of the report.

Clarifying the Limits of an Expert Opinion

Clarification can also be useful where the boundaries of an expert opinion are uncertain.

An expert may be able to address a particular country-specific question but not a broader issue outside their expertise.

For example, an expert may be able to explain a country condition or practice without being able to determine its legal significance in an individual immigration claim.

Asking the expert to explain the limits of their opinion can help ensure that the evidence is understood in its proper context.

What Should Clarification Not Be Used For?

Clarification should not normally be treated as a way to persuade an expert to adopt a particular conclusion.

An independent expert may provide an opinion that does not support the position of the party who instructed them. A request for clarification should therefore focus on understanding the existing evidence rather than seeking a preferred outcome.

A legal representative may question the basis or reasoning of an expert opinion, but that is different from asking an expert to alter their professional assessment without an appropriate basis.

How Should a Solicitor Frame a Clarification Question?

A focused question can make it easier for the expert to understand exactly what requires explanation.

A clarification request may identify:

1. The specific paragraph or passage in the report.
2. The point that appears unclear.
3. The relevant factual assumption or material, where necessary.
4. The explanation being requested.
5. Any procedural deadline that affects the response.

Keep the Question Within the Expert's Remit

Questions should generally relate to matters within the expert's specialist knowledge.

A country expert may be asked to explain country conditions, practices, terminology or other matters within their expertise. They should not ordinarily be asked to determine the legal outcome of the proceedings.

Keeping the question within the expert's remit can help maintain a clear distinction between expert evidence and legal submissions.

What If Clarification Changes the Understanding of the Opinion?

Occasionally, an expert's response to a clarification request may show that an opinion needs to be explained further or reconsidered.

The appropriate response will depend on the circumstances.

If the clarification reveals that an important factual assumption was misunderstood, the expert may need to explain whether that affects the opinion.

If relevant new evidence changes the information available to the expert, further consideration may also be appropriate.

The expert should remain responsible for their own professional opinion. A representative should not assume that clarification will result in a particular conclusion.

When Might an Addendum Be More Appropriate?

A simple clarification may be sufficient where the issue concerns wording or understanding.

An addendum may be more appropriate where there is a substantive development that requires additional expert consideration.

For example, an addendum might be considered where:

• Significant new country information has become available
• An important factual issue has changed
• A material point requires further expert analysis
• The original report needs to address a new issue within the expert's expertise

The appropriate approach depends on the nature of the new material and the procedural position of the case.

Clarification Before a UK Immigration Hearing

If an immigration or asylum hearing is approaching, a solicitor may identify points in the country expert report that require clarification before the evidence is relied upon.

Where clarification is considered necessary, timing may become important.

The representative may need to consider:

• The hearing date
• Any applicable evidence deadlines
• Whether the expert needs sufficient time to respond
• Whether further documentation needs to be provided
• Whether an addendum or updated report may be required

The relevant procedural requirements should be considered for the individual proceedings.

What Happens If the Expert Is Asked Questions at the Hearing?

Clarification can also arise through questions put to the expert during oral evidence, where the expert is required to attend.

The expert may be asked to explain:

• The basis of an opinion
• The significance of particular country information
• The assumptions considered
• The limits of their expertise
• The reasoning set out in the report

The expert can answer according to their professional knowledge and the evidence they have considered.

The fact that an expert is asked questions at a hearing does not necessarily mean that the original report was inadequate. Oral questioning can provide an opportunity for the decision-maker to explore matters that require further explanation.

A Practical Checklist for Solicitors

Before asking a country expert to clarify an opinion, it may be useful to consider:

• Is the specific point genuinely unclear?
• Can the question be identified by reference to a particular part of the report?
• Does the question fall within the expert's area of expertise?
• Is the question based on the factual circumstances actually provided to the expert?
• Has new information become available?
• Could the issue require an addendum rather than a short clarification?
• Is there enough time before any relevant evidence deadline or hearing?
• Is the request seeking an explanation rather than a predetermined conclusion?

A focused approach can help keep communication with the expert clear and relevant to the evidence required.

Conclusion

A request for clarification may be appropriate when a country expert's report contains an unclear point, a factual assumption requires explanation, new information needs to be considered, or the limits or basis of an opinion need to be understood.

The purpose of clarification is generally to make the expert evidence clearer. It should not be used as a mechanism for seeking a particular opinion or outcome.

Where a substantive change in the evidence requires further expert analysis, an addendum or updated report may need to be considered instead. The appropriate approach will depend on the individual case, the nature of the expert evidence and the applicable procedural requirements.

For information about available country expert witness services, see the services page.

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Disclaimer: This article provides general information about clarification of country expert evidence in UK 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.