Country Conditions Reporting for Asylum Seekers

Why is it important, and especially in LGBTQI+ related cases to engage a qualified country conditions expert witness for LGBTQI African asylum seekers:

I am a country conditions expert witness reporting and testifying on behalf of LGBTQI+ asylum seekers from African countries, in affirmative and defensive cases, in the United States and other countries. 

I have seen several generic country conditions reports circulating among law firms, clinic and legal service NGO’s that I believe either fail to do a given case full justice, fails full representation and in some instances may be harmful. This can be expanded upon in a direct discussion. I welcome communication.

I have come to this conclusion after reporting and being cross examined by government in several cases: It is a good idea to get a country conditions expert involved in a case as early as possible in the process. This is mostly because the cultural aspects involved are often unknown, misunderstood and always complex. 

This could also be as a consultant, to issue a non-template report, as well as to standby in case direct testimony is needed. Most often a good report that pre-empts the issues will result in government acquiescing and not even calling the expert to testify, favorable adjudication, which can even influence early outcomes.

Every client, regardless of income, ability to pay, station in life, noting that as a general rule asylum seekers are without means, marginalized and vulnerable, should be entitled to maximum representation to include such experts. It is for this reason that immigration clinics, law firms, university clinics, and NGO’s should ensure an expert witness budget to maximize representation. In some cases, though, less is indeed more. Counsel is usually adept at deciding.

The importance of hiring a qualified, experienced and astute country conditions expert is the ability of the expert to spot and isolate nuances that could serve or hurt the case and to identify these realms early on. Early consultation and deeper exploration can address or prepare for potential hidden issues.

Experts can also help, especially in LGBTQI+ cases with issues of credibility – which can be challenging. Not always for reasons of credibility or authenticity, but because of society’s misunderstandings. In these cases, an expert must be conscious to educate adjudicators and the government representatives, noting how foreign cultural circumstances can impact an already deeply misunderstood milieu.

Most importantly, in my opinion, is the development of the client’s declaration. Counsel can consult an expert early on to help provide insights to delve, so that the asylum seeker’s voice through the declaration can transcend to a profoundly deeper level that mitigates the resonance of boiler plate, to provide full insight.

The country conditions expert has the ability to identify particulars in a story that may require further research not evidenced by generic reporting. Every case ought to fully reflect a direct nexus between the story of the asylum seeker and the country conditions and reflecting that through an expert analysis and opinion my not reflect generically, possibly a critical criteria to the success of a case.

It is always good to have an expert immersed in a case, for updates and ongoing consultation as issues may arise. We know the process and timing can be long and arduous. A good expert will be conscious of updating counsel as laws and conditions change between the time of filing and hearings.

CONTACT: commissionermnathan@gmail.com