Sterling & Law Associates LLP were successful in the appeal case at the First-Tier Tribunal (Immigration & Asylum Chamber) challenging the Home Office’s refusal of a client’s asylum claim.
The Appellant has appealed under Section 82 of the Nationality, Immigration and Asylum Act 2002 against the Respondent’s decision dated 2017 to refuse the grant of asylum.
The appellant is a Ukrainian national who came to the UK in 2012. The Appellant received military call up papers issued to him in 2015 and 2016 which were sent to his home address in Ukraine.
The Appellant asserted that he has a well-founded fear that on return to Ukraine he is going to be conscripted to the army to fight in the ATO (Anti-Terrorist Operation) zone. The Appellant claimed asylum under paragraphs 334 and 339C of the Immigration Rules. The claim was based on fear of persecution or serious harm because of his failure to report for military service and his political beliefs. The Appellant has also claimed that removal from the United Kingdom would breach obligations under Articles 2, 3, 5 and 10 of the ECHR.
Upon consideration of the appeal lodged by Sterling & Law Associates LLP on behalf of the client, the Judge held that the appellant has shown to the standard that the Ukrainian authorities have sought to find him and that the Appellant faces a real risk of imprisonment for evading the draft in the circumstances applicable to him.
Following that, the Judge held that the evidence showed that the Appellant would be likely to face conditions of detention that continue to contravene Article 3 of the Human Rights Convention.
The appeal has been allowed.