How to Instruct a Country Expert: Practical Guidance for Immigration Solicitors

In some immigration and asylum matters, a solicitor may consider obtaining country expert evidence where general country information does not fully address a specific evidential issue.

A carefully prepared instruction can help a country expert understand the factual background, the questions requiring specialist knowledge, and the material that may be relevant to those questions. It can also help keep a country expert report focused on matters within the expert's area of expertise.

This guide considers practical points for immigration solicitors when instructing a country expert, including defining the scope of the instruction, providing relevant background material, framing questions, and considering country-specific issues.

When Might a Country Expert Be Considered?

The need for a country expert will depend on the facts and issues in the individual case.

A solicitor may consider expert country evidence where specialist knowledge could assist with matters such as:

• Conditions in a particular country, region, city, or locality
• Treatment of particular groups or individuals
• Access to state protection
• Conditions relevant to internal relocation
• Local security or social conditions
• Political, social, cultural, or institutional developments
• Availability or accessibility of particular forms of support
• A country-specific issue that may not be fully addressed by general background material

A country expert report should generally be directed towards factual and specialist issues rather than being used to determine the legal outcome of an immigration or asylum case.

For an overview of the types of evidence that may be relevant, solicitors can also review Expert Consultancy's services.

Start With the Issues in the Case

Before instructing a country expert, it can be useful to identify the specific issues for which specialist country knowledge may be relevant.

The solicitor may wish to consider three areas in particular.

Which facts are accepted?

Where possible, distinguish between facts that are accepted, facts that are disputed, and facts that remain to be established.

This can help the expert understand the factual basis on which the questions are being asked.

Which facts are disputed?

The instruction may identify aspects of the client's account that are disputed or require further country-specific context.

For example, the relevant issue might concern conditions in a particular locality, the availability of protection, or circumstances in a proposed area of internal relocation.

What evidence already exists?

Existing country information, previous decisions, witness statements, interviews, and other relevant documents may help identify the particular evidential question that remains to be addressed.

The aim is not necessarily to provide every document available. Instead, the solicitor may wish to identify material that is reasonably relevant to the questions put to the expert.

Define Clear Questions for the Country Expert

Clear questions can help establish the intended scope of a country expert report.

The questions should generally relate to matters within the expert's specialist knowledge and should leave room for the expert to reach an independent view based on the available evidence.

Avoid asking the expert to decide the legal outcome

A country expert would generally be expected to provide specialist country evidence rather than determine whether an appellant meets a particular legal test.

For example, rather than asking whether an appellant is legally entitled to protection, a solicitor may identify the underlying country-specific issues that could assist the decision-maker.

Depending on the case, these might include:

• Whether relevant forms of state protection are reported to be available
• How protection mechanisms operate in practice
• Conditions in a particular locality
• Relevant regional differences
• Circumstances affecting a particular group
• Factors that may be relevant to a proposed relocation

The precise questions will depend on the facts and issues in the proceedings.

Explain the context of the questions

Where helpful, the instruction can briefly explain why a particular question arises.

This gives the expert relevant context without requiring the expert to adopt the solicitor's assessment of the case.

A useful instruction should distinguish between the factual background supplied by the solicitor and the independent assessment to be provided by the expert.

Provide Sufficient Case Background

A country expert will generally need enough information to understand the factual circumstances relevant to the questions.

Depending on the case, useful material may include:

• A concise case summary
• A chronology of relevant events
• The client's witness statement
• Previous statements or interview records
• Relevant Home Office decisions or correspondence
• Previous tribunal decisions where relevant
• Documents concerning disputed events
• Information concerning the client's location or circumstances
• Material relating to a proposed area of internal relocation
• Country information already relied upon by either party

The appropriate material will vary from case to case.

A concise summary can also help distinguish the central issues from background information that may not be relevant to the expert's instruction.

Identify the Relevant Country, Region or Locality

Country conditions may differ between regions and localities.

Where the instruction concerns a particular place, it can therefore be useful to identify the location as precisely as the available evidence permits.

This may be particularly relevant where the report is expected to consider:

• Internal relocation
• Local security conditions
• Access to state institutions
• Local social or community conditions
• Availability of support networks
• Conditions affecting a particular group
• Differences between urban and rural areas
• Regional or local developments

A broad description of national conditions may not necessarily address a question concerning a particular locality.

The expert may be able to explain whether relevant regional or local distinctions arise and whether reliable information is available concerning them.

Consider CPINs Alongside Other Evidence

Country Policy and Information Notes, commonly referred to as CPINs, may form part of the country material considered in an asylum or immigration case.

Where a CPIN is relevant, the solicitor may wish to identify the particular section or issue that relates to the question being put to the expert.

The instruction can then focus on the specific evidential issue requiring further country analysis.

For example, an expert might be asked to address a regional distinction, a particular development, the circumstances of a specific group, or another country-specific matter relevant to the individual case.

The purpose need not be to ask the expert simply to produce an alternative version of a CPIN. A more focused instruction may help distinguish between general country information and questions requiring specialist, case-specific analysis.

Consider Internal Relocation Carefully

Internal relocation can involve country-specific questions concerning the proposed destination and the individual's circumstances.

Where this issue arises, the instruction may provide information about:

• The proposed destination
• The person's previous connection with that location
• Family or community networks
• Relevant local conditions
• Security circumstances
• Access to accommodation or support
• Any particular barriers said to affect relocation

The expert may then be asked to address the relevant country-specific matters within their expertise.

The report would not ordinarily be the place to determine the legal question of whether relocation satisfies the applicable legal requirements. Instead, the expert evidence may provide factual and country-specific information that could assist the decision-maker.

Consider State Protection as a Specific Evidential Issue

Where state protection is relevant, it can be useful to identify the particular country questions that require examination.

Depending on the case, these could include:

• The relevant institutions responsible for protection
• How those institutions are reported to operate
• Access to the relevant authorities
• Regional differences in the availability of protection
• Practical barriers that may affect access
• Evidence concerning particular groups or circumstances

A solicitor may wish to explain why the issue arises without asking the expert to reach a predetermined conclusion about whether adequate protection exists for the individual.

The expert can then address the country-specific evidence within the limits of their expertise.

Provide Documents in an Organised Format

An organised bundle may make it easier for the expert to identify the material relevant to the instruction.

Depending on the circumstances, documents could be grouped into sections such as:

1. Case summary and chronology
2. Witness statements and relevant interviews
3. Decisions and procedural documents
4. Country material
5. Documents concerning relevant locations or events
6. Material relating to disputed issues
7. Questions for the expert

The appropriate structure will depend on the case and the expert's requirements.

Where a substantial amount of material is provided, it can also be useful to identify documents that are particularly relevant to individual questions.

Keep the Expert's Scope Clear

A country expert's field of expertise should be clearly distinguished from matters that fall to the legal representatives or decision-maker.

Depending on the instruction, the solicitor may wish to make clear that the expert is being asked to address country-specific matters rather than:

• Determine the credibility of the client
• Give legal advice to the tribunal
• Decide the outcome of the appeal
• Determine whether a legal test has been satisfied
• Address matters outside the expert's specialist field

The precise boundaries will depend on the nature of the evidence and the proceedings.

Keeping the scope defined can help distinguish expert evidence from factual evidence and legal submissions.

Allow for Limitations and Uncertainty

Country evidence does not always provide a complete or uniform picture.

Sources may differ in their coverage, reliability, date, geographical focus, or level of detail. Information may also change over time.

An instruction can therefore allow the expert to identify relevant limitations, uncertainties, gaps in available information, or differences between sources.

This can be more useful than framing questions in a way that assumes a particular conclusion.

Where the available evidence does not support a firm conclusion, the report can explain that limitation rather than being expected to resolve uncertainty that the evidence cannot reasonably resolve.

Consider Timing and Procedural Requirements

The timing of an expert instruction may need to take account of the stage of the proceedings and any applicable directions concerning expert evidence.

A solicitor may wish to consider:

• Relevant filing or hearing dates
• Any directions concerning expert evidence
• Whether permission may be required
• The time needed for the expert to review the material
• Whether additional questions may arise after the report is received
• Whether an updated report could become relevant if country conditions change

The applicable procedural requirements should be checked for the particular proceedings rather than assumed to be the same in every case.

Review the Instruction Before Sending It

Before sending an instruction, it can be useful to check whether it clearly identifies:

The country-specific issue

What question requires specialist country knowledge?

The factual context

What facts does the expert need to understand the issue?

The relevant evidence

Which documents and country materials are relevant to the questions?

The questions for the expert

Are the questions clear, focused, and within the expert's area of expertise?

The limits of the instruction

Does the instruction avoid asking the expert to determine legal questions or matters outside their specialist knowledge?

A final review can also help remove unnecessary material and reduce the risk of the instruction becoming broader than the evidential issue requires.

Conclusion

Instructing a country expert involves more than requesting general information about a particular country. The instruction may be more useful when it is connected to the specific evidential issues arising in the individual case.

Clear questions, relevant factual background, an organised selection of documents, and an appropriately defined scope can help establish what country expert evidence is being sought.

Where CPINs or other general country information are already available, the instruction can focus on the particular country-specific questions that require further consideration rather than simply seeking a general alternative account.

The appropriate approach will depend on the circumstances of the case, the issues in dispute, the expert's area of expertise, and the applicable procedural requirements.

Disclaimer: This article provides general informational guidance and is not legal advice. The applicable procedural requirements and case-specific considerations should be checked for each matter. Last Reviewed: September 2026