The Court of Appeal has today granted permission for OS to appeal the country guidance decision of the Upper Tribunal in PK and OS (basic rules of human conduct) Ukraine CG  UKUT 314 (IAC).
In PK & OS the Upper Tribunal had held that although the Ukrainian Armed Forces were committing acts contrary to international humanitarian law, it was not ‘reasonably likely’ that the appellants would be mobilised to roles providing indispensable support for those acts. It held that where a person is mobilised to such a role, any punishment for refusing would amount to persecution. However, the UT’s conclusion was that OS himself would not be reasonably likely to be sent to the ATO zone where these abuses were occurring, and would not be providing indispensable support.
OS appealed the decision on the basis that the Tribunal had misapplied the threshold as to ‘indispensable support,’ and had not addressed the further question as to whether compulsory recruitment to a military committing human rights abuses was in itself capable of causing mental anguish, irrespective of the role assigned.
Popplewell LJ and Carr LJ granted permission, holding that
Leading specialist on the case: Nozima Rakhimjonova