Blog/·9 min read
What Should Counsel Include in Instructions to a Country Expert Witness?
A practical guide for immigration and asylum counsel on preparing clear instructions to a country expert witness, questions, documents, geography, time periods, and independence.
Instructing a country expert witness usually involves more than sending a case summary and requesting an opinion. Clear, focused instructions can help an expert understand the questions they are being asked to address, the relevant background, and the boundaries of their specialist role.
In immigration and asylum matters, country expert evidence may address issues such as conditions in a particular country or region, social or political circumstances, treatment of particular groups, local practices, or other matters requiring specialist country knowledge.
The appropriate scope of a country expert report will depend on the facts of the case, the issues in dispute, and the procedural requirements of the relevant proceeding.
This guide outlines information counsel may consider when preparing instructions to a country expert witness.
Why Clear Instructions Can Be Helpful
Instructions provide the framework for the expert's work. They can identify the particular country-related questions that require specialist knowledge and give the expert relevant background for addressing those questions.
Depending on the case, clear instructions may help establish:
- The country, region, or locality concerned
- The purpose of seeking country expert evidence
- The specific questions requiring specialist knowledge
- Relevant background information
- The documents provided for consideration
- The relevant time period
- Any particular country-specific issues that need to be examined
- The expected format and timing of the report
The aim is to define the issues without directing the expert toward a predetermined conclusion.
What to Include in Instructions to a Country Expert
1. Identify the Country and Relevant Location
The instructions should identify the country concerned and, where relevant, the particular region, province, city, or locality.
Country conditions can differ between locations. Geographic context may therefore be important where the questions concern circumstances in a specific area.
Counsel may wish to identify:
- The country of origin
- Relevant regions or localities
- Communities or groups relevant to the questions
- Languages or cultural factors that may be relevant
- The dates or periods under consideration
Providing this context can help the expert focus their research on the geographical and historical issues relevant to the instruction.
2. Explain Why Country Expertise Is Being Sought
The instruction can briefly explain the issue for which specialist country knowledge is required.
For example, counsel may be seeking evidence concerning a particular social practice, local condition, treatment of a group, availability of state institutions, or circumstances in a particular region.
The explanation should remain neutral. It is generally more useful to identify the issue that requires specialist knowledge than to tell the expert what conclusion the evidence should support.
3. Set Out Focused Questions
Specific questions can help define the scope of the country expert report.
Depending on the circumstances, questions might concern:
- What reliable information is available about a particular country condition?
- How might the relevant issue differ between regions or communities?
- What country-specific context may assist in understanding the circumstances described?
- What sources are available concerning the issue?
- Are there significant limitations or gaps in the available information?
Questions should be connected to matters within the expert's area of expertise.
Counsel may also wish to separate broad background questions from the specific issues that the report is intended to address. This can make the resulting evidence easier to follow.
4. Provide Relevant Background Information
A country expert may need sufficient factual background to understand the questions being asked.
Depending on the matter, relevant information might include:
- The person's locations and movements
- Relevant dates
- Family or community circumstances
- Events said to have occurred
- Relevant affiliations or characteristics
- Previous experiences connected with the country-specific issues
The information provided should distinguish between facts that are established, facts that are disputed, and matters that are being assumed for the purpose of the expert's analysis.
This distinction can help the expert explain the basis of their conclusions and identify any limitations in the assessment.
#### Be Careful With Disputed Facts
An instruction does not need to present every disputed matter as an established fact.
Where a material fact is contested, counsel may explain the factual position and, where appropriate, ask the expert to consider a stated assumption or more than one factual scenario.
This can allow the expert to make clear which aspects of the assessment depend on particular facts being accepted.
5. Identify the Documents Provided
The expert should be able to identify the documents supplied for consideration.
Depending on the case, these may include:
- Witness statements
- Interview records
- Previous decisions
- Relevant correspondence
- Country information
- Documentary evidence
- Photographs or other supporting material
- Earlier expert reports, where relevant
Counsel can explain the relevance of particular documents where this is not self-evident.
Where the accuracy, authenticity, or significance of a document is disputed, that should generally be made clear rather than left for the expert to assume.
The expert can then explain how the material has been considered and what weight, if any, can appropriately be given to it within their specialist assessment.
6. Specify the Relevant Time Period
Country conditions can change. Instructions should therefore identify the period that is relevant to the questions being examined.
Depending on the case, this might involve:
- Conditions when an alleged event occurred
- Conditions at the time the person left the country
- Current or recent conditions
- Changes between different periods
- Historical developments affecting a particular region or group
The relevant period will depend on the issues in the individual matter.
Providing dates can help the expert distinguish historical conditions from more recent developments rather than assuming that information from one period applies equally to another.
7. Identify the Country-Specific Issues
The instruction can identify the particular subjects on which specialist country knowledge may be useful.
These could include, depending on the case:
- Political or social structures
- Religious or community practices
- Treatment of particular groups
- Local power structures
- Regional differences
- Access to state institutions
- Community attitudes or social practices
- Conflict or security conditions
- Administrative or documentation practices
- Cultural or linguistic context
The purpose is to identify relevant areas for examination rather than provide the expert with conclusions to confirm.
8. Explain the Expected Report
Counsel should make the expected form of the evidence reasonably clear.
For example, the instruction may request a written country expert report addressing specified questions. Depending on the applicable procedure, an expert may also potentially be asked to provide oral evidence.
Where relevant, the instructions can set out:
- The requested report format
- The proposed deadline
- The questions to be addressed
- Any applicable procedural requirements
- Whether supporting sources should be identified
- Any documents that require particular consideration
Procedural requirements vary between jurisdictions and proceedings. Counsel should therefore check the rules and directions applicable to the particular matter rather than assuming that one format applies universally.
9. Ask the Expert to Explain Sources and Limitations
Country expert evidence may draw on different types of source material, depending on the subject and the expert's methodology.
Instructions may ask the expert to identify the principal sources relied upon and explain significant limitations where appropriate.
This can help the reader understand:
- What information underpins the analysis
- Whether the material relates to a particular period
- Whether information differs between sources
- Where reliable information may be limited
- What areas of uncertainty remain
This can be particularly relevant where information about a country, region, or specific practice is incomplete or changing.
10. Preserve the Expert's Independence
Instructions should identify the questions for the expert without dictating the answer.
A country expert may identify information that does not support an assumed proposition, qualifications to an apparent conclusion, competing evidence, gaps in the available material, or matters outside their expertise.
Allowing the expert to address those issues can make the scope and basis of the country expert evidence clearer.
Keep Legal Conclusions Separate From Country Expertise
A country expert's specialist role should be distinguished from the legal role of the court, tribunal, or other decision-maker.
For example, counsel may ask an expert to explain a country-specific practice, regional condition, or relevant social context. The expert's role would not ordinarily be to determine the ultimate legal outcome of the claim.
Questions should therefore be framed around matters that genuinely require country expertise.
A Practical Structure for Instructions
There is no single structure that will be appropriate for every case. However, counsel may find it useful to organise written instructions under clear headings.
Case Background
Provide a concise summary of the relevant circumstances and identify any important disputed or assumed facts.
Issues Requiring Country Expertise
Explain the country-specific issue that has led to the instruction.
Questions for the Expert
List focused questions that fall within the expert's specialist knowledge.
Documents Provided
Identify the documents supplied for consideration and highlight any that require particular attention.
Relevant Geography and Time Period
Specify the country, region, locality, and relevant dates where these are material to the questions.
Report Requirements
Set out the expected format, proposed timetable, and any applicable procedural requirements known to counsel.
Scope of the Instruction
Make clear that the expert is being asked to provide an independent assessment within their area of expertise.
Questions to Check Before Sending the Instruction
Before sending instructions to a country expert witness, counsel may wish to consider whether:
- The relevant country and location have been clearly identified.
- The purpose of the instruction is clear.
- The questions are specific and capable of being addressed through country expertise.
- The relevant dates and time periods have been identified.
- Important background information has been provided.
- Disputed facts have been distinguished from established or assumed facts.
- The documents provided to the expert are clearly identified.
- Any important country-specific issues have been explained.
- The expected report format and timetable are clear.
- The instructions avoid asking the expert to determine the ultimate legal outcome.
- The expert has sufficient scope to identify limitations, uncertainty, or evidence that may not support an assumed proposition.
- The proposed instruction is consistent with the procedural requirements applicable to the particular matter.
Final Considerations
Effective instructions to a country expert witness should give the expert a clear understanding of the questions requiring specialist country knowledge without prescribing the conclusions they should reach.
For immigration and asylum matters, this may involve identifying the relevant country and location, explaining the country-specific issues, providing appropriate factual and documentary context, specifying the relevant time period, and setting out focused questions.
The exact approach will depend on the circumstances of the case and the rules governing the relevant proceeding. Counsel should consider the applicable procedural requirements when preparing and finalising instructions.
For information about the country expert witness services and instruction process available through Country Expert Witness, counsel can review the Secure Match page on this website.
Disclaimer: This article provides general information about instructing a country expert witness. It is not legal advice and does not establish the requirements applicable to any particular court, tribunal, jurisdiction, or case.
Last Reviewed: September 2026