Country Evidence for Scottish Immigration and Asylum Cases: Practical Considerations for Legal Representatives

Understanding the Role of Country Evidence

Country of Origin Information (COI) can provide information about political, social, legal, security, economic and humanitarian conditions in a particular country.

Sources may include government publications, international organisations, academic research, reputable non-governmental organisations, specialist publications and other relevant material.

Country evidence generally provides context. It does not, by itself, determine whether an individual account is accepted or whether a particular legal test is satisfied.

The relevance of the evidence depends on the issues that arise in the individual case.

For an overview of the types of evidence that may be relevant to UK immigration and asylum proceedings, visit the Country of Origin Information and expert reporting services.

Why the Case-Specific Question Matters

A useful starting point is to identify precisely what the decision-maker needs to understand about conditions in the country concerned.

A broad country report may provide useful background, but it may not address every question raised by an individual case.

For example, a representative may need to examine:

• Conditions affecting a particular region or locality
• Treatment of a particular ethnic, religious, political or social group
• The practical availability of state protection
• Whether internal relocation may be relevant to the circumstances
• Local differences in security or access to services
• The position of people returning after a period outside the country
• Changes in conditions since earlier evidence was produced

Defining the question first can help determine what country evidence is relevant and whether additional research may be appropriate.

Reviewing Existing COI

Before obtaining additional country evidence, legal representatives may wish to review the material already available in the case.

Check the Date of the Information

Country conditions can change over time. Older material may still provide useful historical context, but its relevance to present conditions may need to be considered carefully.

This can be particularly relevant where there have been changes in government, legislation, security conditions, conflict, regional control or treatment of particular groups.

Consider the Geographic Scope

Country conditions are not necessarily uniform throughout a country.

Information about national conditions may not explain circumstances in a particular province, city, district or rural area.

Where geography is material to the case, representatives may therefore need to consider whether the available evidence addresses the relevant location.

Consider the Specific Group or Profile

Some sources may describe conditions affecting the general population without addressing the circumstances of a particular group.

Where the case concerns a specific profile, representatives may need to identify evidence dealing with that group and the issues relevant to the claim.

State Protection and Country Evidence

Questions concerning state protection can require careful consideration of the available country information.

Relevant material may include information about:

• Police and security institutions
• Reporting mechanisms
• Access to courts
• Treatment of complaints
• Investigative practices
• Corruption or other barriers to obtaining protection
• The position of particular groups when seeking assistance
• Differences between formal legal protections and their practical implementation

Country evidence should be considered alongside the facts and legal issues of the individual case.

The existence of legislation or formal protection may not provide a complete picture of how protection operates in practice. Similarly, reports describing difficulties in obtaining protection should be considered in their proper context.

Internal Relocation and Local Conditions

Internal relocation can raise questions about conditions in a particular part of the country.

Where relocation is relevant, country evidence may need to address the location being considered rather than simply describing conditions at national level.

Depending on the circumstances, relevant questions may include:

Security Conditions

What information is available about security conditions in the proposed area of relocation?

Access to Accommodation and Basic Services

Is there reliable information about practical access to accommodation, healthcare, education or other relevant services?

Treatment of the Individual's Profile

Are there particular risks or barriers affecting people with the relevant characteristics or background?

Practical Accessibility

Country information may also need to be considered alongside the individual's circumstances. A proposed location may therefore require further examination where the case raises specific questions about practical access, safety or living conditions.

These questions are fact-specific and should not be assumed to have the same answer in every case.

Country Report Expert's expertise areas include country and regional analysis relevant to issues such as internal relocation, state protection and particular risk profiles.

Changes in Country Conditions

An immigration or asylum case may involve country information gathered at different points in time.

This can create a need to distinguish between:

• Conditions at the time of an alleged past event
• Conditions when an application was made
• Conditions at the time of a decision
• More recent developments that may be relevant to the issues being considered

Where significant developments have occurred, representatives may wish to check whether existing evidence still adequately reflects the circumstances relevant to the case.

This does not necessarily mean that older evidence is irrelevant. Its usefulness may depend on the question it is being used to address.

Using Regional and Local Sources

National-level reports can be valuable, but they may not always provide sufficient detail about local conditions.

Depending on the case, relevant research may include information from local or regional sources, provided that the reliability and relevance of those sources can be assessed.

Local material may help clarify issues such as:

• Conditions in a particular town or province
• Local security developments
• Availability of public institutions
• Regional differences in access to services
• Treatment of particular communities
• Changes that may not yet be reflected in broader country summaries

The weight given to such information will depend on factors including the source, methodology, date and relevance to the particular question.

Presenting Country Evidence Clearly

Country evidence is generally more useful when the reader can understand how it relates to the issue being considered.

Legal representatives may find it helpful to organise evidence around specific questions rather than simply providing a large volume of general country material.

For example, evidence may be grouped under headings such as:

1. The relevant country or region
2. The individual's profile
3. The specific risk or issue
4. State protection
5. Internal relocation, where relevant
6. Recent developments
7. Sources and methodology

This approach can help distinguish factual country information from the legal submissions and evidence relating to the individual.

Considering Expert Country Evidence

There may be cases where publicly available country information does not fully address a particular factual question.

A country expert may be able to provide specialist analysis of relevant country conditions where the issue requires detailed knowledge of a specific country, region, community or social context.

Expert evidence should not be treated as replacing the decision-maker's role. Its purpose is to assist with matters within the expert's knowledge and expertise.

The precise role and requirements for expert evidence will depend on the proceedings and applicable procedural rules.

Where the existing country material does not address a specific question, representatives may wish to consider whether asylum country of origin information reports are relevant to the evidential issues in the case.

Scottish Immigration and Asylum Practice

Legal representatives in Scotland may deal with cases within the UK immigration and asylum system while working within the Scottish legal and professional environment.

When preparing country evidence, it is therefore important to identify the particular forum, procedural requirements and evidential issues that apply to the case.

The fact that a case is being handled in Scotland does not, by itself, determine what country evidence is relevant. The appropriate evidence will depend on the facts, issues and applicable legal framework.

Representatives should check current procedural guidance and requirements rather than relying solely on older materials or general information.

For practitioners working with Scottish legal aid cases, Country Report Expert provides information about the types of representatives and organisations it works with on its Who We Serve page.

A Practical Review Checklist

Before relying on country evidence in an immigration or asylum case, legal representatives may wish to ask:

• Does the evidence address the specific issue in the case?
• Is the information sufficiently recent for the question being considered?
• Does it cover the relevant country, region or locality?
• Does it address the individual's particular profile where necessary?
• Are the sources identifiable and capable of being assessed?
• Does the evidence distinguish formal law from practical conditions where relevant?
• Does it address state protection if that issue arises?
• Does it provide relevant information about internal relocation if applicable?
• Have significant changes in country conditions been considered?
• Is additional specialist country evidence potentially relevant?

This type of review can help identify areas where further research might be appropriate.

Conclusion

Country evidence in Scottish immigration and asylum cases needs to be considered in the context of the particular issues raised by each case. General country information can provide useful background, but representatives may also need to examine its date, geographic scope, source quality and relevance to the circumstances being considered.

Where a particular factual question is not adequately addressed by existing material, further country research or specialist expert evidence may be considered, depending on the needs of the case and the applicable procedural framework.

Careful identification of the evidential question can help representatives distinguish between general background information and country evidence that is directly relevant to the issues requiring consideration.