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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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PK and OS (basic rules of human conduct) Ukraine CG [2020] UKUT 00314 (IAC)

This country guidance covers: - Acts contrary to the basic rules of human conduct - Country guidance: the conduct of the Ukrainian military in the conflict in the Anti-Terrorist Operation Zone (“the ATO”) - Country guidance: conscripts and mobilised reservists in Ukraine

30 November 2020 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription | Countries: Ukraine - United Kingdom of Great Britain and Northern Ireland

VB and Another (draft evaders and prison conditions (CG)

(i) What are the likely punishments for draft evasion in Ukraine (ii) Are prison conditions for draft evaders in Ukraine contrary to Article 3 of ECHR, or has there been a significant and durable change in Ukraine such that the country guidance decision of PS (prison conditions; military service) CG [2006] UKAIT 00016 should no longer be followed?

7 March 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Country of origin information (COI) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription | Countries: Ukraine - United Kingdom of Great Britain and Northern Ireland

MST and Others (national service – risk categories) Eritrea CG

7 October 2016 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Country of origin information (COI) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

SD (military service – sexual identity) Turkey CG v. Secretary for the Home Department

5 December 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Armed forces / Military - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution on the basis of sexual orientation or gender identity - Regional instruments | Countries: Türkiye - United Kingdom of Great Britain and Northern Ireland

MO (illegal exit - risk on return) Eritrea v. Secretary of State for the Home Department

Heard at Field House on 25 February 2011.

27 May 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Unlawful departure | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

HK and others Afghanistan v. Secretary of State for the Home Department

Heard at Field House on 15 July 2010.

21 October 2010 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Complementary forms of protection - Country of origin information (COI) - Forced labour - Internal armed conflict - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Security situation - Social group persecution - Unaccompanied / Separated children | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

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