Blog/·10 min read
How to Keep a Country Expert Report Focused on Relevant Country Issues
How counsel can define the scope of a country expert report: the issue, geography, period, group, facts and questions, while preserving the expert's independence.
A country expert report may address complex questions about conditions, practices, institutions, communities, or regional circumstances in a particular country. Keeping the report focused on the issues that require specialist country knowledge can help distinguish relevant expert evidence from matters that fall outside the expert's role.
For immigration and asylum matters, the appropriate scope of a country expert report will depend on the facts, the questions requiring specialist evidence, and the procedural requirements of the relevant proceeding.
This article considers practical ways counsel may help define the scope of a country expert report while preserving the expert's independent assessment.
Why the Scope of a Country Expert Report Matters
A country expert may have extensive knowledge of a particular country, but that does not mean every aspect of that knowledge is relevant to every case.
A focused instruction can help identify:
- The particular country or region concerned
- The country-specific issues requiring expert knowledge
- The relevant time period
- The factual assumptions or background provided
- The questions the expert is being asked to consider
- The boundaries of the expert's specialist knowledge
The objective is not to restrict an expert from identifying relevant information. Rather, it is to establish a clear framework for the evidence while allowing the expert to identify qualifications, limitations, or additional country-specific context where appropriate.
Start With the Issues Requiring Country Expertise
Before commissioning a country expert report, counsel may wish to identify the specific issue for which specialist knowledge is required.
For example, the relevant issue might concern:
- Conditions in a particular region
- Treatment of a particular social or religious group
- Local political structures
- Community practices
- Access to state institutions
- Regional security conditions
- Social attitudes toward a particular group
- Local administrative or documentation practices
The issue should be described in neutral terms.
Rather than asking an expert to establish a desired conclusion, the instruction can identify the country-specific question and allow the expert to assess the available information independently.
Distinguish the Country Issue From the Legal Question
A country expert may provide specialist evidence about country conditions or other matters within their expertise. The ultimate legal assessment generally remains for the relevant court, tribunal, or other decision-maker.
For example, an instruction might ask an expert to explain conditions affecting a particular group in a specific region. It may be less appropriate to ask the expert to determine whether the claimant satisfies a particular legal test.
Keeping these functions separate can make the scope of the country expert evidence clearer.
Define the Relevant Geography
Country conditions are not necessarily uniform across an entire country.
Where the case concerns a particular location, the instruction may identify:
- Country
- State, province, or equivalent administrative area
- City or locality
- Rural or urban setting
- Relevant community or population group
- Areas where the person previously lived or may be expected to live
The level of geographic detail required will depend on the question being examined.
Consider Regional Differences
An expert may need to distinguish between national-level information and conditions in a particular locality.
For example, political structures, security conditions, access to public institutions, or social practices may differ between regions. A report that focuses on a specific geographic question may therefore need to consider information at the appropriate local level.
This does not mean that every country expert report needs detailed analysis of every relevant location. The scope should correspond to the questions the expert has been asked to address.
Define the Relevant Time Period
Country conditions can change over time. A report concerning current circumstances may therefore not answer a question about conditions several years earlier, and historical information may not necessarily describe the present situation.
Counsel may therefore wish to identify the relevant period, which could include:
- The period of an alleged incident
- The period when the person lived in the country
- The period when the person departed
- A period of political or social change
- Current or recent conditions
- Changes between two relevant periods
The expert can then determine which sources and developments are relevant to the period under consideration.
Avoid Treating Current Information as Automatically Representative of Earlier Conditions
Where historical circumstances matter, the instruction can make this clear.
An expert may need to consider whether conditions changed materially during the relevant period and whether information from one date can reasonably inform an assessment of another period.
The appropriate approach will depend on the subject and available evidence.
Identify the Particular Group or Circumstance
Some country expert evidence concerns the treatment or circumstances of a particular group.
Depending on the case, the relevant group may be defined by:
- Religion
- Ethnicity
- Political affiliation
- Community membership
- Gender
- Social position
- Occupation
- Family or community association
- Another characteristic relevant to the country-specific issue
The instruction should identify the relevant characteristic where it is material to the country question.
Avoid Overgeneralising About Groups
Country expert evidence should not assume that all members of a particular group experience identical conditions.
Differences may arise according to location, social position, political circumstances, family connections, community relationships, or other factors.
A focused instruction can ask the expert to consider relevant distinctions rather than assuming that a broad description applies equally to every individual.
Give the Expert the Relevant Factual Framework
A country expert needs enough factual information to understand the question they are being asked to address.
Depending on the case, this may include:
- Relevant locations
- Dates
- Family circumstances
- Community relationships
- Events said to have occurred
- Relevant affiliations
- Previous experiences
- Other facts that directly affect the country-specific question
The information should distinguish between facts that are established, disputed, or assumed for the purpose of the expert's analysis.
Identify Disputed or Assumed Facts Clearly
If an important factual matter is disputed, the instruction can make this clear.
Where appropriate, counsel may ask the expert to consider a particular factual assumption or explain how their assessment would differ under alternative factual circumstances.
This can help prevent the country expert report from appearing to resolve factual disputes that fall outside the expert's specialist role.
Keep the Questions Specific
Broad questions can produce broad answers. Where counsel needs evidence on a particular country issue, focused questions may help the expert direct their research appropriately.
For example, instead of asking generally about "conditions in the country", counsel may identify:
- A particular region
- A particular group
- A specific practice
- A relevant institution
- A defined period
- A particular country-specific circumstance
The questions can then ask what reliable information is available and what relevant context the expert considers appropriate.
Allow the Expert to Identify Relevant Qualifications
A focused instruction does not necessarily mean a restrictive instruction.
The expert may identify information that qualifies the question, evidence that points in different directions, significant gaps in available sources, or circumstances that fall outside the original assumptions.
The instruction should allow sufficient scope for the expert to explain those matters where they are relevant.
Avoid Asking the Expert to Cover Unnecessary Material
Country expert reports can involve extensive research. Counsel may therefore wish to consider whether every possible country issue is actually relevant to the case.
For example, a report focused on conditions affecting a particular community in one region may not require extensive analysis of unrelated national issues.
This does not mean excluding background information that is necessary to understand the issue. It means distinguishing useful context from material that is unlikely to assist with the specific questions.
Focus on Material Country Context
A useful question to ask when defining the scope is:
Does this information help explain a country-specific issue that is relevant to the case?
If the answer is unclear, counsel may wish to reconsider whether that subject needs to form part of the instruction.
Consider the Sources Relevant to the Question
The scope of a country expert report may also affect the sources the expert needs to consider.
Depending on the subject, relevant material may include:
- Government publications
- International organisation reports
- Academic research
- Local reporting
- Specialist publications
- Research concerning particular communities or regions
- Other sources within the expert's methodology
The appropriate sources will depend on the issue and the expert's specialist approach.
Allow for Conflicting or Incomplete Information
Country information is not always consistent or complete.
An expert may encounter differences between sources, limited information about a particular locality, or changes over time. The report can explain those limitations where they materially affect the assessment.
Instructions should not assume that every country-specific question has a simple or definitive answer.
Keep the Report Within the Expert's Area of Expertise
Country expertise can cover a wide range of subjects, but an expert's qualifications and experience may be more directly relevant to some questions than others.
Before finalising an instruction, counsel may wish to consider whether the proposed questions correspond with the expert's:
- Academic background
- Professional experience
- Country knowledge
- Regional knowledge
- Research experience
- Language skills, where relevant
- Experience with the particular subject matter
Where a question falls outside the expert's specialist knowledge, it may need to be narrowed, reframed, or addressed through another source of evidence.
Make the Expected Deliverable Clear
The instruction should explain what counsel is asking the expert to provide.
Depending on the proceeding, this may involve a written country expert report addressing specified questions. There may also be circumstances in which an expert is asked to provide oral evidence.
Where relevant, counsel can specify:
- The issues to be addressed
- The proposed deadline
- The required format
- Relevant procedural requirements
- Documents that should be considered
- Whether sources should be identified
The applicable requirements can differ between jurisdictions and proceedings. Counsel should therefore consider the rules and directions relevant to the particular matter.
Review the Scope Before Sending the Instruction
Before instructing a country expert, counsel may wish to review the proposed scope against the following questions:
- Is the country clearly identified?
- Is the relevant region or locality specified where necessary?
- Is the relevant time period clear?
- Is the specific country issue identified?
- Are the questions within the expert's specialist knowledge?
- Has relevant factual background been provided?
- Are disputed and assumed facts clearly identified?
- Are unnecessary country issues excluded?
- Does the instruction leave room for the expert to identify qualifications or limitations?
- Does the instruction avoid asking the expert to decide the ultimate legal question?
- Are the documents and other materials to be considered clearly identified?
- Are the expected format and timing sufficiently clear?
This review can help counsel distinguish the central country-specific questions from wider issues that may not require expert evidence.
How a Focused Instruction Can Support Clearer Expert Evidence
A focused country expert instruction does not require counsel to predict the expert's conclusions.
Instead, it can establish a clear relationship between:
- The issue requiring specialist country knowledge
- The relevant factual background
- The geographical and temporal scope
- The questions put to the expert
- The evidence and sources considered
- The expert's independent assessment
The expert can then explain the country-specific context within that framework and identify relevant limitations or qualifications where appropriate.
Final Considerations
Keeping a country expert report focused starts with identifying the particular country issues that require specialist knowledge. Counsel may wish to define the relevant geography, time period, group or circumstance, factual framework, and questions while avoiding instructions that prescribe a particular conclusion.
A focused scope does not mean excluding relevant context or preventing the expert from identifying important qualifications. The expert may need to explain uncertainty, conflicting information, regional differences, or limitations in the available evidence.
The precise approach will depend on the facts of the matter and the procedural requirements of the relevant proceeding. Counsel should consider those requirements when preparing instructions and deciding the appropriate scope of country expert evidence.
For information about the country expert witness matching process, counsel can review the Secure Match page.
Disclaimer: This article provides general information about defining the scope of country expert evidence. It is not legal advice and does not establish the requirements applicable to any particular court, tribunal, jurisdiction, or case.
Last Reviewed: October 2026