Another day and another successful appeal of Sterling & Law Associates LLP against the Home Office’s refusal of an asylum claim at the First–Tier Tribunal. The casework in this sensitive matter was handled by Josephine Smith, Immigration lawyer (OISC Level 3).
The Appellant is a Ukrainian national of a conscription age who was liable for military service in Ukraine. While studying in the United Kingdom he received military call-up papers were sent to his home address in Ukraine. The call-up papers required him to report to the military commissariat due to the to the conscription process.
The military experience of the Appellant and his qualification as a Junior Lieutenant placed him at great risk of conscription if returned to Ukraine. Moreover, bullying and corruption he experienced during his time in the army engaged his rights under Articles 3 of European Convention on Human Rights (ECHR).
While hearing the appeal, the Immigration Judge held that returning the appellant to Ukraine would place the UK in breach of its obligations under the ECHR. The Appellant feared that if he is returned to Ukraine and refuses to join the army, he will be deemed to be a deserter and may potentially be sentenced to imprisonment.
In his determination, the Immigration Judge relied upon the country reports from UNHCR, Amnesty International and Human Rights Watch.
Considering all the evidence put forward by Sterling & Law Associates LLP, and considering the Appellant as a credible witness, the Immigration Judge concluded that to return the Appellant to Ukraine would breach his rights under Article 3 of the ECHR and, accordingly, allowed the appeal on asylum and human rights grounds.
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