A country expert witness may provide specialist evidence about political, social, cultural, security, legal, or human rights conditions in a particular country. In an asylum, immigration, human rights, extradition, or related proceeding, this type of evidence may be considered where a case raises questions requiring specialist country knowledge.
Before instructing a country expert, lawyers may wish to consider what issue requires expert analysis, what information is available, and whether the proposed instructions are sufficiently focused.
1. What Issue Requires Expert Evidence?
The starting point is to identify the specific issue on which specialist country knowledge may be useful.
A case may already contain information from government sources, international organisations, academic research, media reports, or other materials. The existence of extensive country information does not, by itself, establish that expert evidence is necessary.
Depending on the circumstances, a country expert may be asked to analyse issues such as:
- Political or security conditions
- Treatment of a particular group
- Regional differences within a country
- Social or cultural practices
- Availability and practical operation of state protection
- Conditions relevant to internal relocation
- Country-specific legal or administrative practices
- The significance of particular political or social developments
- Conflicting or incomplete country information
For an overview of the types of specialist services that may be relevant, visit Country Expert Witness services.
The proposed instructions should distinguish between matters requiring specialist analysis and matters that are properly addressed through factual evidence or legal submissions.
Start With a Defined Question
A request to "prepare a report about country conditions" may be too broad to establish a clear scope.
A more focused instruction can identify the particular country conditions and evidential questions that are relevant to the case. This gives the expert a clearer framework while allowing the expert to reach an independent opinion.
2. What Country, Region, and Period Are Relevant?
Country conditions are not necessarily uniform across an entire state. Conditions may differ between regions, provinces, cities, and rural or urban areas.
The relevant period can also matter because political, security, legal, and social conditions may change over time.
Lawyers may therefore wish to identify:
- Where the relevant events occurred
- The location relevant to the proposed return or relocation question, where applicable
- Whether regional differences are material
- Whether the case concerns an urban or rural area
- The period to which the expert evidence should relate
- Whether significant developments occurred during that period
Clear geographical and temporal boundaries can help keep a country expert report relevant to the questions being considered.
Information about the site's country and regional expertise can be found on the Country Expert Witness expertise page.
3. What Information Does the Expert Need?
The expert will generally need enough information to understand the questions they have been asked to address.
Depending on the assignment, relevant material may include:
- A factual summary
- Relevant witness or client statements
- Country information already relied upon
- Relevant documentary evidence
- Previous decisions or determinations
- Particular documents requiring country-specific context
- The issues identified by the lawyer as requiring specialist analysis
The material provided should allow the expert to understand the assignment without asking the expert to resolve factual disputes that fall outside their specialist role.
Distinguish Facts From Expert Analysis
A country expert may be able to explain the significance of particular country conditions. That does not necessarily mean the expert should determine whether every disputed event in an individual's account occurred.
Where facts are disputed, the instructions can identify which facts are being provided as assumptions or instructions and which questions require independent country analysis.
4. Does the Expert Have Relevant Expertise?
The relevant question is not simply whether an expert has general knowledge of a country. Their qualifications and experience should be considered in relation to the particular issues they are being asked to address.
Relevant expertise may arise from:
- Academic research
- Professional country research
- Fieldwork
- Human rights research
- Political or social analysis
- Regional studies
- Legal or institutional knowledge
- Research concerning particular communities or issues
The appropriate expertise will depend on the subject of the proposed report.
An expert with substantial knowledge of a particular country may not necessarily have specialist expertise concerning every region, group, or issue within that country.
5. What Sources and Methodology Will Be Considered?
When instructing a country expert, lawyers may wish to understand how the expert approaches source material and analysis.
Depending on the assignment, this may involve considering:
- The sources available
- The relevance and reliability of particular sources
- The dates of important sources
- The methodology used to assess the material
- Differences between sources
- Limitations in the available information
- The distinction between documented information and the expert's professional opinion
The aim is not necessarily to collect the largest possible volume of country information. The more relevant consideration is whether the evidence addresses the questions within the scope of the expert's assignment.
6. Is the Country Information Conflicting or Incomplete?
Different sources may describe country conditions differently. This can occur because they concern different periods, regions, populations, methodologies, or aspects of the same issue.
Where conflicting information is important to the case, lawyers may wish to identify the specific issue for the expert to consider.
The expert may then be able to explain the relevant country context and discuss the possible reasons for differences between sources, where this falls within their expertise.
This approach is different from asking an expert to select only information that supports a particular position.
7. Does the Case Concern a Particular Group or Characteristic?
Some cases involve conditions affecting a particular community or group.
Depending on the circumstances, this could include issues concerning:
- Ethnic or linguistic communities
- Religious communities
- Political groups
- Gender-related issues
- Sexual or gender minorities
- Journalists or activists
- Human rights defenders
- Former government or security personnel
- Other groups relevant to the case
Where a particular group is central to the case, lawyers may wish to consider whether the proposed expert has relevant subject-matter expertise.
The focus should be on whether the expert's knowledge is sufficiently connected to the specific question requiring analysis.
For information about the audiences and legal professionals the service is intended to support, see Who Country Expert Witness serves.
8. Does the Case Raise Questions About State Protection?
Some cases involve questions about the availability or practical operation of protection from state authorities.
Where this is an issue, country expert evidence may potentially address matters within the expert's specialist knowledge, such as:
- The structure of relevant authorities
- Reported access to police or other institutions
- Implementation of relevant laws
- Regional differences in enforcement
- Reported treatment of particular groups by authorities
- Practical barriers to seeking protection
The expert's role is generally to provide relevant country analysis rather than determine the ultimate legal question of whether protection is legally sufficient in an individual case.
9. Does the Case Raise an Internal Relocation Issue?
Internal relocation can involve questions about conditions in a proposed alternative location within the country.
Depending on the assignment, relevant country conditions may include:
- Security conditions in the proposed area
- Regional differences
- Access to accommodation or employment
- Administrative requirements
- Social or community networks
- Practical barriers relevant to the circumstances being considered
The expert can address country-specific matters within their expertise. Whether internal relocation is legally or factually appropriate remains a matter for the relevant decision-maker based on the applicable framework and evidence.
10. What Specific Questions Should the Expert Answer?
Clear questions can help define the scope of a country expert report.
Instead of requesting a general overview, lawyers may wish to identify the particular issues that require specialist analysis. These could concern a specific region, group, institution, practice, event, or period.
Keep Instructions Neutral
The wording of instructions can be important.
Questions should avoid assuming the conclusion that the expert is being asked to reach. For example, asking an expert to assess the availability and practical operation of relevant protection mechanisms leaves room for the expert to identify evidence that may support, qualify, or contradict an initial assumption.
Neutral instructions also allow the expert to explain uncertainty and limitations where the available evidence does not support a firm conclusion.
11. What Documents Should Be Provided?
The lawyer should consider which documents are material to the expert's assignment.
Depending on the circumstances, these may include:
- Relevant country information
- Client or witness statements
- Documentary evidence
- Previous expert reports
- Relevant decisions
- Translations where appropriate
- Evidence concerning the relevant location or group
The lawyer may also wish to identify why particular documents are being provided and which issues they are intended to assist with.
12. Is Expert Independence Preserved?
Country expert evidence should be approached as independent specialist evidence rather than advocacy.
Lawyers can explain the issues requiring analysis, provide relevant factual material, and identify matters that are disputed. The instructions should, however, leave the expert free to reach an opinion based on their expertise and the material available.
An expert may identify limitations, uncertainty, competing evidence, or conclusions that do not fully support one side's position. Such issues can form part of an appropriately independent assessment.
13. Could Oral Testimony Be Relevant?
In some proceedings, a country expert may provide oral testimony in addition to a written report.
Where oral evidence is contemplated, lawyers may wish to consider whether the expert may need to explain:
- Their qualifications and relevant experience
- The methodology used
- Important sources
- Regional or historical distinctions
- The basis for particular opinions
- Any material limitations affecting the analysis
Whether oral testimony is appropriate will depend on the applicable procedure and circumstances of the case.
Country Expert Witness provides information about the jurisdictions in which country expert evidence may be relevant on its global jurisdictions page.
14. Is the Scope Proportionate to the Case?
A country expert report does not necessarily need to address every aspect of conditions in a country.
The scope should generally correspond to the questions for which specialist evidence is being considered.
A focused assignment can allow the expert to concentrate on the relevant country information, methodology, specialist analysis, and limitations rather than producing a broad country overview that may not be necessary for the issues in dispute.
15. What Limitations Should Be Considered?
Country expert evidence can involve limitations arising from the availability, quality, or age of information.
For example, reliable information about a particular locality may be limited, sources may conflict, or conditions may have changed since an important source was published.
These limitations can be relevant to the expert's analysis. Instructions should allow the expert to identify them rather than implying a level of certainty that the available evidence may not support.
Conclusion
Before instructing a country expert witness, lawyers may wish to begin with the specific evidential question rather than the broader subject of country conditions.
Important considerations include the relevant country and region, the applicable period, the expert's qualifications, the available sources, the particular group or issue involved, and the scope of the proposed instructions.
It can also be useful to consider whether the case raises specific questions concerning state protection, internal relocation, conflicting country information, or oral testimony.
Clear and neutral instructions can provide a useful framework for the expert's work while preserving the expert's independence. The appropriate use and scope of country expert evidence will depend on the facts of the individual matter, the applicable procedure, and the requirements of the relevant court or tribunal.
Disclaimer: This article provides general information only and does not constitute legal advice or an assessment of any individual case. Lawyers should consider the applicable rules, procedures, and evidential requirements for the relevant jurisdiction and proceeding.
Last Reviewed: September 2026