Expert Witness

The Expert is a practising Advocate and Barrister-at-Law in Pakistan. He is the Senior Partner of Khan & Co Barristers-at-Law and has repeatedly been appointed as an expert on Pakistani law in the UK court system. The Expert is counsel to foreign governments on Pakistani law and is a Registered Foreign Lawyer with the Solicitors Regulation Authority and practices law in the UK and in Pakistan. The Expert has provided numerous reports in immigration and family law cases funded by the Legal Aid Agency and the Scottish Legal Aid Board. The reports provided by the Expert have addressed issues related to adultery, adoption, blasphemy, custody and abduction of children, divorce (talaq), divorce (khula), forced conversions, forced marriages, gender based violence, gender identity claims, honour killings, human trafficking, internal relocation, jirgas (tribal councils), law reform, legitimacy of children, Pakistani prisons, protection of witnesses, religious minorities and ethnic groups, statelessness, sexual orientation claims, terrorism offences and women’s protection legislation. The Expert is particularly well-versed in the Constitution of Pakistan 1973, judicial review in Pakistani courts, public law issues and national accountability cases.

In GA v SSHD PA028512020 [2022] UKAITUR the appellant succeeded on the Refugee Convention. Upper Tribunal Judge Macleman observed at paragraph 5 that “On the protection claim, the appellant produced and founded upon a supplementary report dated 15 January 2022 by Mr Asad Ali Khan. The respondent did not challenge the expert standing of the author.”

In ZU (Pakistan) v SSHD [Appeal Number: PA/00529/2021], the appellant was a Pakistani national from a border region in Khyber Pakhtunkhwa close to Afghanistan who feared persecution from both the Pakistani Taliban/TTP and the Pakistan military as his brother’s car was used in a terror/bomb attack on the latter. He arrived in the UK by boat from Dunkirk (France). Allowing his asylum appeal, FTTJ McMahon emphasised that: “The report of Mr Asad Ali Khan at pages 15-30 of the Appellant’s Evidence Bundle is particularly important … Mr Khan is a Senior Lawyer in Pakistan” and “I must also take into account that the Respondent did not challenge Mr Khan’s expertise or qualification to provide the opinions in the report. In any event, I am satisfied that Mr Khan is qualified to provide the opinions contained in his report … Accordingly, I have given his report significant weight.” FTTJ McMahon added that “Mr Khan’s legal qualifications derive from UK institutions, along with other qualifications in relation to international relations, anthropology and development along with near and middle eastern studies.”

In SR (Pakistan), Appeal Number: PA/52561/2022, the Pakistani appellant’s further submissions made in 2017 and 2018 were refused. Her further submissions of 20 July 2021 were that she would be at risk in Pakistan due to honour based violence, as she had refused to marry her cousin in an arranged marriage. She also said that owing to her mental health removing her to Pakistan would breach her Article 3 rights on medical grounds. Allowing her appeal, FTTJ Woolley said this:

“19. I have also considered the expert report of Asad Ali Khan. I accept from his qualifications that he can be regarded as an expert on country conditions in Pakistan.

31. I find that it would be unduly harsh to expect the appellant to relocate to another area of Pakistan. She will be a single lone woman without any male support. She suffers from significant mental ill health which will make her vulnerable in any new community. I accept Mr Asad Khan’s view that this will expose her to stigma and possible exploitation. With a Punjabi accent she will be identifiable as an outsider. I accept her evidence that she has never worked in Pakistan or in the UK. She was credible when she said that to obtain any job she would have to provide references which she could not obtain. I also accept that relocation would not necessarily remove her from the risk of harm. Mr Asad Khan explains how the new CNIC system works. She is currently without a CNIC and I accept that it is not possible to function as a citizen in Pakistan without one. In order to obtain one she would be subjected to scrutiny by NADRA and only be able to obtain an ID with the support of blood relatives. This would inevitably lead her family to find out where she was. I also accept from Mr Asad Khan that although in theory she could approach the police, that it is likely that they will in practice encourage reunion with her family which again will place her at risk. I find that in her condition (status of lone woman and poor mental health) that she will not be able to access adequate protection from the State. In her condition I find that relocation would be unduly harsh and ultimately ineffective. Even if she was able to access a shelter this would not provide a long term solution to her problems, because when she had to leave it she would still be exposed to risk. I accept that her ‘footprint’ would become known and that her family would be able to trace her in Pakistan.”