Preparing Expert Evidence for an Asylum Appeal in Scotland: A Guide for Solicitors

Expert evidence may form part of the evidence considered in an asylum appeal where specialist knowledge is relevant to an issue in dispute.

For solicitors handling asylum and immigration cases in Scotland, preparing instructions for an asylum expert witness involves more than requesting a general country report. The purpose and scope of the evidence, the information provided to the expert, the questions asked, and any applicable procedural or funding requirements should all be considered.

This guide outlines practical considerations when preparing expert evidence for an asylum appeal in Scotland. It is general information only and does not replace the rules, practice directions, funding requirements or case-specific legal advice applicable to an individual case.

When Might Expert Evidence Be Relevant?

Whether an asylum expert witness is appropriate will depend on the circumstances of the individual case.

Expert evidence may be relevant where the tribunal would benefit from specialist knowledge that falls within the expert's qualifications and experience. Depending on the issues in the appeal, this could include matters relating to:

• Conditions in a particular country or region
• Treatment of a particular political, religious, ethnic, gender-related or other profile
• Country or regional conditions relevant to a claimed risk
• State protection and relevant country conditions
• Internal relocation and conditions in a proposed area of relocation
• Cultural, linguistic or contextual matters
• Country of origin information and areas requiring specialist interpretation

The purpose of the report should be identified before an expert is instructed. A particular nationality or asylum claim does not, by itself, mean that expert evidence is required.

For an overview of the areas in which Asylum Experts provides expert evidence, visit the practice areas page.

Identify the Specific Issue Before Instructing an Expert

A clear instruction usually starts with the particular issue for which specialist evidence may be relevant.

A broad request such as "provide a report on the country" may not adequately define the work required. It may be more useful to identify the specific questions arising from the evidence and the issues that remain in dispute.

Questions for the Solicitor to Consider

Before preparing instructions, consider:

1. What issue is currently disputed?
2. Why might specialist knowledge be relevant to that issue?
3. What evidence is already available?
4. Is there a particular gap in the available country information?
5. What specific questions should the expert address?
6. What material should be provided to the expert?
7. What procedural deadline applies to the case?

The questions should be framed so that the expert is asked for an opinion within their area of expertise. They should not ask the expert to determine the legal outcome of the appeal.

Provide Relevant Background Information

An expert needs sufficient information to understand the context of the opinion being requested.

The documents supplied will depend on the circumstances of the case and the issues being considered. Where relevant, this may include:

• The appellant's statement
• Relevant interview records
• The refusal decision
• Relevant immigration history
• Documentary evidence concerning the appellant's circumstances
• Existing country information
• Previous expert reports, where relevant
• Relevant appeal documents or directions

The applicable tribunal procedure may specify information that should be provided to an expert. Instructions should therefore be checked against the current requirements applying to the case.

The expert should also be able to distinguish information supplied by the instructing solicitor from information obtained independently through their own research.

Set Out the Questions Clearly

Clear instructions can help establish the intended scope of an asylum expert witness report.

The questions should relate to matters requiring specialist knowledge rather than asking the expert to decide whether the appellant meets the legal requirements for protection.

Depending on the case, questions might concern the following.

Country and Regional Conditions

An expert may be asked to consider relevant conditions in a particular country, region or locality where those matters fall within their expertise.

Treatment of a Particular Profile

Where relevant, the instructions may identify the appellant's claimed profile and ask the expert to address available evidence concerning the treatment of people with that profile.

State Protection

Where state protection is a live issue, an expert may be asked to address relevant country conditions and available information within their area of expertise.

The expert should provide evidence relevant to the question rather than determine whether the legal test for sufficiency of protection is satisfied.

Internal Relocation

Where internal relocation is in issue, instructions may ask the expert to address relevant conditions in a proposed area of relocation.

The expert's evidence should remain within the expert's knowledge and expertise. The legal assessment of whether relocation is available and appropriate remains for the relevant decision-maker.

Consider the Expert's Independence

Independence is an important consideration when instructing an asylum expert witness.

Expert evidence should represent the expert's independent opinion on matters within their expertise. An expert should not be instructed to adopt a predetermined conclusion or to act as an advocate for either party.

The expert should be able to explain the basis for their opinion and identify relevant limitations. Where the available information does not allow a definite opinion, that limitation should be capable of being stated clearly.

Consider the Expert's Qualifications and Experience

The proposed expert should have relevant knowledge, qualifications and experience for the questions they are being asked to address.

This is particularly important where the instruction concerns a narrow country, regional or thematic issue. The expert's experience should be relevant to the subject of the proposed opinion rather than simply to asylum or immigration matters generally.

Where Scottish legal aid is involved, the requirements applicable to expert witnesses should also be considered. The relevant funding requirements may include information about an expert's occupation, qualifications, field and level of expertise.

Consider the Sources and Methodology

The basis of an expert opinion should be sufficiently clear for the relevant decision-maker to understand how the opinion has been reached.

Depending on the subject, an expert may consider sources such as:

• Official publications
• Country of origin information
• Academic research
• Specialist literature
• Research by credible organisations
• Professional or first-hand knowledge relevant to the subject

The appropriate sources will depend on the question being addressed.

Where sources are disputed, limited or subject to change, the report should make relevant limitations clear. The expert should also distinguish between established information, interpretation and opinion.

The quality and relevance of the sources, together with the expert's qualifications, experience and methodology, may be relevant when the decision-maker assesses the evidence.

Avoid Asking the Expert to Decide Legal Questions

An expert witness can provide specialist evidence, but the expert should not take the role of the legal representative or decision-maker.

For example, an instruction should generally avoid asking an expert to determine:

• Whether an appellant qualifies for asylum
• Whether a particular legal test is satisfied
• Whether an appeal should be allowed
• What legal outcome should follow from the evidence

Instead, the expert may be asked to address relevant factual, country or specialist matters that can assist the tribunal in making its own assessment.

Keeping this distinction clear can help maintain an appropriate scope for the expert witness report.

Give the Expert Sufficient Time

The timetable for obtaining an expert report should be considered at an early stage.

An expert may need time to review the instructions and supporting documents, conduct relevant research, assess sources and prepare a reasoned opinion. The appropriate timeframe will vary according to the complexity and scope of the instruction.

The solicitor should also consider any tribunal directions or deadlines before commissioning the report.

A late instruction may create practical difficulties if there is insufficient time for the expert to complete the work or for the report to be considered within the applicable timetable.

Consider Scottish Legal Aid and Procedural Requirements

Where an asylum appeal involves Scottish legal aid, solicitors should check the current requirements that apply to the particular funding arrangement before instructing an expert.

Depending on the type of legal aid and proceedings involved, requirements may apply to obtaining approval for expert work, the proposed expert, the scope of the work and associated costs.

The relevant approval position should therefore be established before work is commissioned where approval is required.

For further information about Scottish legal aid, ABWOR and expert evidence, see the Scotland legal aid page.

It is also sensible to check the current requirements rather than relying on arrangements from an earlier case, as procedures and guidance can change.

Keep the Proposed Work Proportionate

The scope of the instruction should correspond to the issue for which expert evidence is being considered.

A report that covers a wide range of matters may not be necessary where the dispute concerns a narrower country or thematic question.

Before finalising the instruction, consider:

• Is the issue relevant to the appeal?
• Does it require specialist knowledge?
• Is the proposed question within the expert's expertise?
• Is the information supplied sufficient for the expert to address it?
• Is the requested work proportionate to the issue?
• Are there existing sources that already address the question adequately?

Proportionality may also be relevant where public funding is involved. Solicitors should check the applicable funding requirements before commissioning expert work.

Review the Completed Expert Report

Once the report has been received, the solicitor can check whether it addresses the questions in the instructions and remains within the agreed scope.

A review may include considering whether:

• The expert's relevant qualifications and experience are clear
• The questions have been addressed
• The sources relied upon are identified appropriately
• The methodology or basis of the opinion is sufficiently clear
• Facts and opinions are distinguished
• Relevant limitations are acknowledged
• The report remains within the expert's area of expertise
• The report reflects the information that was provided to the expert

If a factual error or misunderstanding is identified, it may be appropriate to seek clarification. Any such process should respect the expert's independence and should not seek to influence the substance of an independent opinion.

Consider How the Report Fits With the Wider Evidence

An expert report is one part of the evidence in an appeal. Its relevance and weight will depend on the circumstances of the individual case and the evidence as a whole.

Other evidence may include witness evidence, documentary material, country information and relevant decisions or guidance.

The purpose of the expert report should therefore be clear. The report can address the specialist questions for which the expert has been instructed, while the legal representative addresses the legal case and the relevant decision-maker determines the issues that fall within its remit.

For further information about the types of expert evidence provided by Asylum Experts, visit the expert witness services page.

Practical Checklist for Solicitors

Before instructing an asylum expert witness, consider:

• Have the issues requiring specialist evidence been identified?
• Is there a clear reason why expert knowledge may be relevant?
• Does the proposed expert have appropriate qualifications and experience?
• Are the instructions clear, specific and appropriately framed?
• Has relevant background material been provided?
• Have legal questions been separated from questions requiring expert opinion?
• Has sufficient time been allowed for the expert's work?
• Have current tribunal directions and deadlines been checked?
• Have applicable Scottish legal-aid and funding requirements been checked?
• Is the proposed scope proportionate to the issues in dispute?
• Can the completed report be reviewed for scope, sources and clarity?

Conclusion

Preparing expert evidence for an asylum appeal in Scotland starts with identifying the specific issue for which specialist knowledge may be relevant.

Clear instructions, appropriate supporting material, a properly defined scope and attention to the expert's independence can help keep the evidence focused on matters within the expert's expertise.

Where Scottish legal aid is involved, solicitors should also check the current funding and approval requirements applicable to the particular case before instructing an expert.

Disclaimer: This article provides general information about preparing expert evidence for asylum appeals in Scotland. It is not legal advice and should not be relied upon as a substitute for checking the current tribunal rules, practice directions, funding requirements or obtaining case-specific legal advice.

Last Reviewed: September 2026