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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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MST and Others (national service – risk categories) Eritrea CG

11 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

Adiam Hebtemariam v. Holder, Attorney General

19 June 2014 | Judicial Body: United States Court of Appeals for the Fifth Circuit | Topic(s): Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - SGBV | Countries: Eritrea - United States of America

Yohannes Ghirmay Milat v. Holder, Attorney General

19 June 2014 | Judicial Body: United States Court of Appeals for the Fifth Circuit | Topic(s): Country of origin information (COI) - Freedom of expression - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion | Countries: Eritrea - United States of America

X v. Denmark

12 May 2014 | Judicial Body: UN Human Rights Committee (HRC) | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Deportation / Forcible return - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription | Countries: Denmark - Eritrea

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

TSEGAY KIFLAY WELDESILASSIE v. The Minister of Citizenship and Immigration

5 May 2011 | Judicial Body: Canada: Federal Court | Topic(s): Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Pentecostal | Countries: Canada - Eritrea

BA (Eritrea) v. Secretary of State for the Home Department

On appeal from the Asylum and Immigration Tribunal (

24 November 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Armed forces / Military - Credibility assessment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

R (on the application of Ameer) v. Secretary of State for the Home Deparment

Application for judicial review.

19 June 2009 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Exhaustion of domestic remedies - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion | Countries: United Kingdom of Great Britain and Northern Ireland

FA (Eritrea) v. Secretary of State for the Home Department

Application for permission to appeal from the Asylum and Immigration Tribunal (AIT No: AS/00266/2007).

27 January 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Credibility assessment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Passports - Persecution based on political opinion - Unlawful departure - Visas | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

R (on the application of Temegsen) v. Secretary of State for the Home Department

Application for judicial review.

4 December 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Rejected asylum-seekers - Unlawful departure | Countries: Eritrea - United Kingdom of Great Britain and Northern Ireland

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