Summary

The Appellant, a citizen of Tajikistan, was appealing the Respondent’s decision to refuse his protection claim. The Judge gained the distinct impression that the Appellant’s expert witness was simply advocating on behalf of the Appellant, rather than assisting the Tribunal by providing a critical, objective expert opinion on the context. In doing so, he trespassed into the role reserved for the Tribunal.

Learning points

Learning points for instructing parties

• Carefully consider whether the expert you are proposing to instruct has the qualifications, experience, and credibility to provide expert evidence that will assist the court.  

• Make sure that you understand the expert evidence you submit and ensure counsel is thoroughly briefed on it.

Learning points for experts

• Do not advocate for your client or make suppositions based on generic evidence.

• Make sure your opinion is accurately sourced.

• Where you reference a source, it may be helpful to the court for you to identify the parts of the document which you relied on in forming your opinion.

• Be wary of small, non-material errors in your report, such as duplicating references.

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