Day in the life of an Expert Witness

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JJMC v The Secretary of State for the Home Department [2024] UKAITUR UI2022005862
Keith Rix 326

JJMC v The Secretary of State for the Home Department [2024] UKAITUR UI2022005862

byKeith Rix

Commentary

The specifics of this judgment will be of interest to country experts in immigration, asylum and deportation cases. Notwithstanding the rejection of the country expert’s report by the First-tier Tribunal (FTT), what the judgment reveals is how a country expert can usefully describe their expertise and set out facts and opinions so as to assist the court. It is not about having particular qualifications – “an expert's expertise needs to be considered in the light of their experience as a whole”. Not unusually the expert, who was from the USA, prepared his first report without regard to the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (https://assets.publishing.service.gov.uk/media/663c9ff64d8bb7378fb6c446/consolidated_FtT_IAC_Rules.pdf ) This also happened recently where a retired US judge was called as an expert on an aspect of US law.

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