What Solicitors Should Include When Instructing a Middle East Country Expert on a Complex Asylum Case

In a complex asylum case, clear instructions can help a country expert understand the issues that fall within their area of expertise. They can also provide the factual and procedural context needed to address specific questions about country conditions.

A Middle East country expert may be asked to consider matters such as political activity, religious or ethnic identity, treatment by state or non-state actors, local security conditions, documentation, or social attitudes. The relevant issues will depend on the individual case and the country concerned.

This article outlines information that solicitors may wish to consider when preparing instructions for a country expert in a complex asylum or immigration matter.

Identify the Country and Relevant Location

Instructions should identify the country concerned and, where relevant, the specific region, province, city, town, or locality connected to the case.

Country conditions can vary between different parts of a state. An expert may therefore need to distinguish between national-level information and evidence concerning a particular location.

Include Relevant Geographic Details

Where known, solicitors may wish to provide:

• The person's place of birth
• Previous places of residence
• The location where relevant events are said to have occurred
• The area to which the person may potentially return
• Relevant neighbouring areas
• Any other locations directly connected to the case

Specific geographic information can help an expert focus research on the relevant local circumstances rather than relying only on general country information.

Explain the Issues That Require Country Expertise

The instructions should identify the factual questions on which specialist country knowledge is being sought.

Depending on the case, these may concern:

• Conditions affecting a particular political group
• Treatment of a particular religious or ethnic community
• The position of women in a particular region
• Treatment of individuals associated with a particular organisation
• Risks associated with particular forms of political or religious activity
• Local security conditions
• The availability or reliability of identity documents
• Social or community attitudes relevant to the person's circumstances

These are examples rather than a standard scope of work. The questions should reflect the particular evidence and issues arising in the case.

Avoid Asking the Expert to Decide the Legal Outcome

The country expert's role should generally remain focused on matters within their specialist knowledge. Legal questions ordinarily fall to the relevant tribunal, court, or other decision-maker.

Instructions should therefore avoid asking the expert to determine whether an applicant meets the legal definition of a refugee, whether an appeal should succeed, or what legal conclusion should be reached.

Instead, the solicitor can identify the factual and country-specific issues on which expert analysis is required.

For information about the areas in which Middle East Expert provides expert evidence, solicitors can review the services offered by Middle East Expert.

Provide a Clear Factual Background

An expert needs sufficient factual context to understand the questions being asked.

The instructions may therefore include a concise account of relevant information such as:

• The applicant's stated background
• Nationality and place of origin
• Relevant ethnic, religious, political, or social affiliations
• Employment or educational history where relevant
• Political or religious activities
• Significant events described by the applicant
• Any reported contact with authorities or other actors
• Previous residence in other parts of the country
• Relevant travel or displacement history

The information supplied should make clear, where relevant, which facts are accepted, disputed, or based on the applicant's account.

Separate Evidence From Assumptions

It can be useful to distinguish between documented facts, the applicant's account, and matters that remain disputed.

This allows the expert to understand the factual basis for particular questions without being asked to assume that disputed matters have already been established.

Identify the Key Questions for the Expert

Instructions should set out the questions in a focused and understandable manner.

Rather than requesting a broad assessment of the entire country, solicitors may wish to identify the specific country conditions that are relevant to the case.

For example, questions might concern:

1. Conditions affecting a particular group in a specified location.
2. How a particular form of political activity is treated by relevant authorities.
3. Whether reported treatment is consistent with available country information.
4. Whether conditions differ between particular regions.
5. Whether relevant information has changed over time.
6. What relevant sources indicate about a particular issue.

The precise questions will depend on the facts and evidence in the individual case.

Provide Relevant Documents and Evidence

The expert may need to consider documents alongside country information where those documents are relevant to the questions within the expert's remit.

Depending on the case, relevant material might include:

• Witness statements
• Previous statements or interviews
• Identity documents
• Political or religious membership evidence
• Correspondence
• Photographs
• Social media material
• Police or court documents
• Medical or other supporting records where relevant
• Previous decisions or determinations
• Existing country evidence

Not every document will be relevant to every instruction. Solicitors should consider which materials are necessary for the expert to understand and address the questions being asked.

Identify Documents That Require Particular Context

If a document is central to a question about country conditions, the instructions can explain why it has been provided and what issue it is intended to assist with.

This can help the expert consider the document in its factual context rather than treating it as an isolated item of evidence.

Explain the Procedural Context

The expert should be given sufficient information about the proceedings to understand the purpose of the report.

Instructions may identify:

• The type of proceedings
• The relevant tribunal or court
• The procedural stage
• The issues for which expert evidence is being considered
• Any relevant directions concerning expert evidence
• The required timetable
• Whether oral evidence may be required

The applicable procedural requirements should be checked for the particular proceedings and jurisdiction.

For further information about the jurisdictions and proceedings covered by Middle East Expert, see the jurisdictions and court coverage.

Address Existing Country Guidance and Published Material

If relevant country guidance, official country information, or other established material already addresses an issue, the instructions can identify whether there are specific factual or country-condition issues that require further analysis.

The purpose should not simply be to ask the expert to repeat published material. Depending on the instructions, the expert may instead consider relevant developments, local circumstances, or factual questions that are not fully addressed by existing material.

Identify Material That May Be Outdated or Limited

Where existing material relates to an earlier period, the instructions can identify the relevant time period and ask the expert to consider whether more recent information is relevant to the particular questions being addressed.

This can be useful where conditions have developed since an important country source was published.

Ask About Changes Over Time Where Relevant

Country conditions can change. Political developments, changes in government policy, armed conflict, security conditions, legislation, or changes affecting particular groups may alter the relevance of older information.

Where timing matters, the instructions should identify the relevant dates.

An expert may then be able to distinguish between:

• Conditions at the time of the alleged events
• Conditions when the applicant left the country
• Conditions at the time of preparing the report
• Subsequent developments relevant to the questions asked

This chronological approach can be useful where the case concerns changes in country conditions.

Consider Whether Internal Differences Need to Be Examined

A country may contain significant differences between regions or localities.

If the case involves a particular city, province, or rural area, the instructions should make the location clear and explain why local circumstances are relevant.

Questions may concern differences in:

• Security conditions
• Government control
• Treatment of particular groups
• Access to services
• Local social structures
• Presence or influence of particular organisations
• Conditions affecting returnees

The expert's analysis should remain focused on the specific factual questions rather than assuming that conditions are uniform throughout the country.

Ask the Expert to Explain the Sources Used

Where the relevance or reliability of country information is important, instructions can ask the expert to identify the principal sources supporting their analysis.

Depending on the subject, sources may include official records, legislation, court materials, academic research, reputable media reporting, local sources, research organisations, and other specialist material.

The expert should be able to distinguish source material from their own professional analysis and explain the basis for important factual observations where appropriate.

Address Conflicting Information Where Necessary

If reputable or otherwise relevant sources provide different accounts of a particular issue, this can be identified in the instructions.

A focused question might ask the expert to explain the nature of the disagreement, the relevant dates and locations, and why particular sources may be more or less relevant to the specific issue.

This allows the report to address uncertainty rather than presenting complex country conditions as more certain than the available evidence permits.

Make Clear What Is Disputed

Complex asylum cases may involve disagreements about both the applicant's account and the interpretation of country evidence.

Instructions can identify the principal disputed factual matters without asking the expert to resolve questions that fall outside their expertise.

For example, an expert might be asked whether a particular account is consistent with known country conditions, while leaving the ultimate assessment of the applicant's credibility to the appropriate decision-maker.

Set Out the Questions in a Logical Order

A well-organised instruction letter can make it easier to identify what the expert is being asked to address.

A practical structure may be:

1. Case Background

Briefly explain the proceedings and relevant factual background.

2. Expert's Area of Expertise

Identify the country, region, and subject matter for which expert evidence is being sought.

3. Relevant Evidence

List the principal documents and evidence supplied to the expert.

4. Issues for Consideration

Set out the factual and country-specific issues requiring specialist analysis.

5. Specific Questions

Provide clear questions that correspond to those issues.

6. Procedural Information

Include the relevant timetable, hearing information, and requirements concerning the expert evidence.

This structure can help keep the instruction focused and make the scope of the requested country expert report clear.

Allow the Expert to Identify the Limits of the Evidence

Instructions should not require an expert to reach a particular conclusion.

Country conditions can sometimes be difficult to establish because information may be incomplete, inconsistent, geographically limited, or unavailable for the relevant period.

Where these limitations affect the analysis, the expert may explain them and identify the extent to which available information supports particular observations.

Solicitors may therefore wish to frame questions that allow the expert to state where the available evidence is clear, where it is mixed, and where relevant information is limited.

Review the Instructions Before Sending Them

Before instructing a Middle East country expert, solicitors may wish to check that the instruction package:

• Identifies the relevant country and locations
• Explains the purpose of the expert evidence
• Sets out the material factual background
• Identifies disputed issues
• Provides relevant supporting documents
• Separates factual questions from legal conclusions
• Identifies relevant dates and procedural requirements
• Sets out focused questions
• Allows the expert to explain uncertainty and limitations
• Gives the expert sufficient time to prepare the report

The exact requirements will depend on the case, the applicable procedure, and the nature of the expert evidence sought.

Information about the Middle East Expert services can be reviewed separately where relevant to the instruction process.

Conclusion

Instructing a Middle East country expert on a complex asylum case involves identifying the country-specific factual issues for which specialist analysis is being sought. Clear information about the applicant's background, relevant locations, disputed facts, supporting evidence, time periods, and specific questions can help establish an appropriate basis for the expert's work.

Where country information is incomplete, conflicting, or subject to change, the instructions can also allow the expert to explain the available evidence and its limitations.

The resulting report can then remain focused on the country-specific factual issues within the expert's area of expertise, while legal conclusions remain for the appropriate decision-maker.

Disclaimer: This article provides general information about instructing country experts and does not constitute legal advice. The appropriate approach will depend on the facts, evidence, and procedural requirements of the individual case. Last Reviewed: September 2026