How to Prepare Effective Instructions for a Latin American Country Expert in an Asylum Case

In some asylum cases, specialist country evidence may assist a decision-maker in understanding conditions, practices, events, languages, or other country-specific matters that may not be fully addressed by general country information.

For cases involving Latin American countries, clear instructions can help a country expert understand the issues they are being asked to address and the factual background that may be relevant. Instructions should generally remain focused on matters within the expert's area of expertise and should not ask the expert to determine the legal outcome of the claim.

For guidance on instructing an expert, see how to instruct an expert.

Understand What the Expert Is Being Asked to Address

Before preparing instructions, identify the specific country or region concerned and the evidential issue that requires specialist country knowledge.

A broad request such as "provide a report on conditions in the country" may leave the scope unclear. More focused instructions can help establish what information is relevant.

Depending on the circumstances, the issues may relate to:

• Conditions in a particular country, region, city, or locality
• Treatment of a particular group or community
• Relevant social, political, cultural, or security conditions
• Availability and operation of state protection
• Internal relocation considerations
• Local practices or social conditions
• Relevant events or developments during a specified period
• Language, terminology, or regional differences
• The availability and reliability of relevant country information

The instructions should generally explain the evidential question without asking the expert to reach a legal conclusion.

Provide a Clear Factual Background

A country expert generally needs enough factual context to understand why particular country information may be relevant.

The instructions may therefore include a concise summary of the relevant facts, subject to the case team's assessment of what information should be provided.

Include Relevant Geographic Information

Latin American countries can contain differences between regions and localities. Where geography is material to the issue being examined, identify the relevant:

• Country
• State, province, department, or equivalent administrative area
• City or municipality
• Rural or urban location
• Border or neighbouring area, where relevant

A report addressing national conditions may not necessarily answer a question about a particular locality. If the case turns on local circumstances, the instructions should make that distinction clear.

For country-specific and regional considerations, see countries and jurisdictions.

Identify the Relevant Time Period

Country conditions can change over time. Instructions should therefore identify the period that matters to the case.

For example, the expert may need to consider conditions:

• At the time of an alleged incident
• During the period when the claimant lived in the country
• At the time of departure
• At a later point relevant to the evidence
• Across several periods where changes are material

Giving the expert a clear timeframe can help avoid an unnecessarily broad report.

Explain the Specific Evidential Questions

The central part of the instruction should set out the questions the expert is being asked to consider.

Questions should be sufficiently specific to be useful while remaining within the expert's professional remit.

For example, depending on the case, instructions might ask an expert to consider:

• What information is available about a particular practice in the relevant location?
• Are there documented differences between the relevant region and the country as a whole?
• What sources describe the treatment of a particular group?
• What local terminology or practices may be relevant to understanding the evidence?
• What information is available concerning access to state protection?
• Are there relevant differences between urban and rural areas?

The exact questions will depend on the factual circumstances and the expert's field of expertise.

Keep Legal Questions Separate From Country Questions

A country expert's role should be clearly distinguished from the role of the legal representative and the decision-maker.

Instructions would generally be better framed without asking an expert to determine whether a claimant:

• Meets the legal definition of a refugee
• Has a well-founded fear in the legal sense
• Qualifies for a particular form of immigration protection
• Should be granted asylum
• Has established a legal ground of appeal

Instead, the expert can be asked to provide relevant factual and specialist country information that may assist the decision-maker.

For information about the role of an expert witness, see expert witness services.

Frame Questions Around Evidence

A useful distinction is between asking:

"Will the claimant be persecuted if returned?"

and asking a more specific country-evidence question, such as:

"What information is available concerning the treatment of people in circumstances comparable to those described in the case in the relevant area?"

The second formulation leaves the legal assessment to the appropriate decision-maker while identifying the country information that the expert may be able to address.

Identify Any Local or Regional Issues

A Latin American country should not necessarily be treated as a single uniform geographical or social environment.

Where relevant, instructions should identify particular local factors that may require consideration.

These could include:

• Differences between regions
• Conditions in a particular municipality
• Urban and rural distinctions
• Local political or social dynamics
• Cross-border movement
• Local terminology
• Community structures
• Regional language variations
• Conditions affecting particular groups

The purpose is not to assume that local conditions are different, but to make clear when the evidence needs to address that question.

Consider Language and Terminology

Language can be relevant to country evidence in several ways.

Spanish is spoken across much of Latin America, while Portuguese may be relevant in Brazil and other languages and language communities may be relevant in particular cases.

Where language is material, instructions should explain the precise question being asked.

Avoid Treating Regional Language as Uniform

Instructions should not assume that a particular word or expression has the same meaning throughout Latin America.

An expert may be asked to consider:

• Whether a term is used in the relevant country or region
• Whether its meaning varies by locality
• Whether a particular expression has social or cultural significance
• Whether terminology in translated material accurately reflects local usage

Such questions can be relevant where documentary or oral evidence contains locally specific terminology.

Explain the Evidence Already Available

If the case team has identified particular documents or sources that require specialist contextualisation, these can be clearly identified in the instructions.

Depending on the circumstances, this may include:

• Country information already relied upon
• Local-language documents
• News reports
• Official records
• Reports concerning particular regions
• Previous expert material
• Documentary evidence containing unfamiliar terminology

The purpose should be to identify the material the expert is being asked to consider, rather than directing the expert toward a predetermined conclusion.

Ask the Expert to Identify Relevant Sources

Instructions can ask the expert to explain the sources relied upon in preparing the report.

For country-condition evidence, relevant material may come from different types of sources, depending on the issue being researched.

These might include:

• Official publications
• Local and international organisations
• Academic research
• Relevant local reporting
• Public records
• Specialist research
• Other relevant primary or secondary sources

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

Consider Internal Relocation Questions Carefully

Internal relocation can involve detailed country-specific issues. Where it is relevant to the case, the instructions should identify the particular locations or circumstances that require examination.

For example, the expert may be asked to consider relevant information about:

• Conditions in the proposed location
• Access to accommodation or employment
• Local social or community conditions
• Access to relevant institutions
• Whether particular risks are geographically concentrated
• Differences between the claimant's original location and another proposed location

The expert should provide country-specific evidence within their expertise rather than make the final legal assessment of whether relocation is legally available.

Clarify the Intended Use of the Report

The expert should understand the context in which the report is being commissioned.

Instructions may identify whether the report is intended to assist with:

• An asylum claim
• An appeal
• Tribunal proceedings
• Immigration litigation
• A request for further evidence
• Another defined legal or evidential process

The relevant procedural context can help the expert understand the purpose and scope of the work.

Avoid Leading Questions

Instructions should not be written on the assumption that a particular conclusion is correct.

For example, instead of asking:

"Why would the authorities be unable to protect the claimant?"

a more neutral approach may be:

"What information is available concerning the ability and practice of the relevant authorities to provide protection in the circumstances described?"

This allows the expert to consider the available evidence and reach their own professional conclusions within their area of expertise.

Set Out Any Important Limitations

The instructions should make clear if there are uncertainties or limitations in the factual information provided.

For example, the expert may not have:

• Complete information about an incident
• Access to every relevant local record
• Independent verification of every factual allegation
• Sufficient information about an unidentified location

Making these limitations clear can help the expert distinguish between the facts provided by the instructing party and information that they are able to independently assess.

Give the Expert Enough Information Without Overloading the Instruction

Effective instructions do not necessarily need to reproduce the entire case file.

A practical instruction can usually focus on the information necessary for the expert to understand:

1. The claimant's relevant background
2. The country and location concerned
3. The issues requiring specialist evidence
4. The relevant timeframe
5. The specific questions to be addressed
6. The documents or sources requiring consideration
7. Any relevant language or regional issues
8. The intended procedural context

Additional documents can be supplied where they are necessary for the expert's work.

Review the Questions Before Sending the Instructions

Before sending instructions, the legal representative or caseworker can check whether each question has a clear purpose.

A Useful Final Check

Ask:

• Is the country or region clearly identified?
• Is the relevant timeframe clear?
• Are the questions within the expert's area of expertise?
• Are factual questions separated from legal conclusions?
• Have relevant local or regional issues been identified?
• Are language or terminology issues explained where necessary?
• Has the available evidence been identified clearly?
• Are the questions neutral rather than leading?
• Is the scope proportionate to the evidential issue?
• Are any important uncertainties or limitations identified?

A clear instruction can help define the scope of country expert evidence and reduce ambiguity about the questions the report is intended to address.

Conclusion

Preparing instructions for a Latin American country expert requires a clear distinction between the factual background of the case, the country-specific questions requiring specialist knowledge, and the legal issues that remain for the relevant decision-maker.

Instructions are generally more useful when they identify the relevant country, locality, timeframe, language or regional issues, existing evidence, and specific evidential questions without assuming the outcome.

Careful scoping can also help keep the expert's work focused on matters within their expertise.

Disclaimer: This article provides general information about preparing country expert instructions and is not legal advice. The appropriate scope of expert evidence will depend on the facts and procedural context of each case. Last Reviewed: September 2026