What a report must contain, forum by forum.
Instructing teams need jurisdiction-specific clarity on report content, declarations, and procedural compliance. This is the working summary we hold our own reports to.
United Kingdom
CPR Part 35 & Practice Direction 35
Expert reports in England & Wales asylum and immigration proceedings must comply with CPR Part 35 and the expert's overriding duty to the tribunal.
I understand that my duty is to the court (or tribunal), not to the party who instructed me, and I have complied with that duty.
Core requirements
- Statement of truth and expert declaration confirming duty to the tribunal
- Expert qualifications, experience, and instructions received
- Summary of material facts and documents relied upon
- Substance of all material instructions, including those not followed
- Range of opinion where appropriate, with reasons for the opinion reached
- Summary of conclusions, clearly linked to the evidence base
- Practice Direction 35 compliance, including proportionate methodology and source referencing
Reports for the First-tier Tribunal (Immigration & Asylum Chamber) and Upper Tribunal should be structured for cross-examination and aligned with tribunal case management directions.
United States
FRCP Rule 26(a)(2) (Immigration Court context)
Expert disclosure in US immigration proceedings must meet the disclosure requirements of Federal Rule of Civil Procedure 26(a)(2), adapted to Immigration Court and BIA practice.
Core requirements
- Complete statement of all opinions and the basis and reasons for each opinion
- Facts or data considered in forming the opinions
- List of exhibits to be used as a summary or support for opinions
- Expert qualifications, including publications in the preceding 10 years
- Cases in which the expert has testified as an expert at trial or by deposition
- Statement of compensation for study and testimony in the case
- Disclosure deadlines and supplementation obligations observed
Immigration Court expert evidence should be prepared for adversarial scrutiny and rebuttal by the opposing party.
Australia
Federal Court Rules / AAT Expert Evidence Guidelines
Australian asylum and protection proceedings require expert evidence that complies with court and Administrative Appeals Tribunal (AAT) expert witness obligations.
Core requirements
- Compliance with applicable expert witness code of conduct
- Expert declaration equivalent (duty to the court/tribunal, not the instructing party)
- Clear identification of instructions, assumptions, and methodology
- Referenced country condition analysis with primary sources
- AAT-specific formatting where proceedings are before the tribunal
Federal Court and AAT contexts may differ in procedural emphasis, instructing teams should confirm the forum at the outset.
Canada
IRB Rules 44-48 & Notice to Expert Witnesses
Expert reports before the Immigration and Refugee Board of Canada must comply with IRB Rules and the Board's Notice to Expert Witnesses.
Core requirements
- Compliance with Notice to Expert Witnesses obligations
- Report format and content per IRB Rules 44-48
- Disclosure of the expert report to the other party within prescribed timelines
- Expert qualifications and scope of opinion clearly stated
- Neutral, referenced analysis of country conditions and risk factors
Federal Court review may impose additional procedural requirements, confirm whether proceedings are at IRB first instance or on judicial review.
European Union (Member States)
National procedural rules & EU qualification framework
EU member state asylum proceedings apply national procedural rules within the EU asylum acquis framework, with emphasis on quality and consistency of country evidence.
Core requirements
- Clear linkage between country sources and expert conclusions
- Consistency analysis where credibility is in issue
- Transparent methodology and dated source material
- Compliance with national tribunal or court expert evidence rules
For formal written evidence prepared to these standards, see expert witness reports.