Complex asylum appeal of Ukrainian national subject to conscription won

Sterling & Law Associates LLP continues to receive successful decisions from the Immigration Tribunal in the asylum cases.

Recently, we have successfully appealed a refusal of an asylum claim of an Ukrainian national who was subject to mobilisation in Ukraine and was summoned to join military service. The case was based on the applicant’s fear of returning to Ukraine because of the potential persecution by the Ukrainian authorities for his unwillingness to undertake military service and fight in the Russia-Ukraine war.

The asylum claim of the Appellant went through many difficulties due to his extradition to Hungary and return to Ukraine. This separated the appellant from his dependent wife and two children in the UK.

Upon his return to Ukraine, the Appellant was stopped by the border force and was detained for a short period of time. After release, he continued to receive summons. He had a strong reluctance to serve in the Ukrainian army and returned to the UK to be with his family. The second attempt to claim asylum ended with a refusal.

One of the reasons was the Home Offices`s disbelief that the applicant was still subject to undertake military service. Moreover, it was not accepted that his return to Ukraine would result in persecution or mistreatment. Another reason was the appellant’s failure to claim asylum as soon as he arrived to the UK.

Asylum Grounds

After the assessment of the Home Offices`s Country Guidance and Note dated April 2017 about Military Service in Ukraine, the Immigration Judge accepted that the Appellant fell within the criteria for those who are subject to military service in case of return to the country of origin.

The Judge found that the Appellant holds strong views against signing up for military service because “he is was not trained to fight at the front line and he is concerned what fill happen to his family if he is killed or injured“. Further, the real risk of arrest and persecution upon returning to Ukraine and the potential detention and imprisonment conditions according to VB Case led the Judge to a conclusion that would constitute a breach under the Article 3 ECHR.

On this basis, the appeal was allowed on human rights grounds. The decision was promulgated on 19 March 2018.

 

Asylum & Immigration Assistance

For expert advice and assistance in relation to your particular immigration case, please contact our immigration lawyers on Tel. +44(0)20 7822 8535, Mobile / Viber: 074 6338 2838, by e-mail: contact@sterling-law.co.uk or via our online appointment booking form.