Appeal in Ukrainian asylum case allowed on human rights grounds

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, a citizen of Ukraine, entered the United Kingdom in September 2004. Having spent over twelve years illegally in the UK, he was apprehended by the Immigration Enforcement Officers and arrangements were made for him to leave the country. The appellant claimed asylum under paragraphs 334 and 339C of the Immigration Rules. The appellant claimed to fear persecution for his political involvement and that he would have to undergo military service.

During consideration of the application, the appellant was interviewed by the Home Office on two occasions. The application was then refused on the basis that the respondent was not satisfied that the extent of the appellant’s political involvement was sufficient for him to face serious persecution were he to return to his home country. The Home Office also doubted that the appellant would have to undergo conscription as he was outside the required age limit and he has never served in the military forces in the past. Furthermore, the respondent noted that the appellant had not attempted to seek asylum for over twelve years from the moment of his arrival until he was detained, despite the fact that he always knew his status to be precarious.

Upon consideration of the appeal lodged by Sterling & Law Associates LLP on behalf of the client, the Judge held that the appellant was sincere in his objections to having to perform military service in the Ukraine as well as in his fear of detention and that the evidence provided was credible.

Therefore, the appeal was allowed on human rights grounds (Article 3).

Oksana Demyanchuk, Immigration Lawyer (OISC Level 3), acted on behalf of the client and led the work in this matter.