Tribunal accepts mobilisation risk for Ukrainian man of military age
Since the full Russian invasion in 2022, many Ukrainian men in the UK who asked for protection have had their claims refused. The Home Office has often argued that Ukraine has the right to call up its citizens, that the punishment for refusing is not harsh enough to count as serious harm, and that these men can return home safely. A recent decision in a case handled by our firm shows the tribunal taking a very different view of what men of military age face if sent back.
Our client is a Ukrainian man of military age who does not want to fight. The Home Office accepted that he could be called up but still refused his claim. He appealed, and the First-tier Tribunal allowed his appeal.
Risk of Forced Mobilisation in Ukraine
The judge accepted that “busification” is now a real part of how mobilisation works in Ukraine. Men of military age are stopped in streets, workplaces, transport hubs and at checkpoints, and taken straight to recruitment centres, often without ever being served call-up papers.
The judge found that these were not isolated incidents. Complaints to Ukraine’s Ombudsman about coercion, unlawful detention and violence during mobilisation rose from around 500 in 2023 to nearly 5,000 in the first ten months of 2025.
On that evidence, the judge found a real risk that our client would be forced into the army on return, with a risk of violence and intimidation, before he had any chance to refuse.
Risk of Criminal Prosecution and Imprisonment
The judge also looked at what would happen if he were treated as a draft evader instead. Earlier tribunal guidance from 2018 had found that draft evaders in Ukraine were rarely prosecuted. The judge decided that this no longer reflects reality.
Since 2022 there have been thousands of criminal cases, and under martial law a refusal to serve can lead to five to ten years in prison.
Tribunal guidance from 2017 had already found that Ukrainian prison conditions can amount to inhuman or degrading treatment, and the newer evidence describes the same problems: overcrowding, poor sanitation, inadequate healthcare and violence.
The judge found a real risk of both pre-trial detention and imprisonment in those conditions.
Tribunal Decision: Appeal Allowed
The appeal was allowed on humanitarian protection grounds and under Article 3 of the European Convention on Human Rights, and the judge ordered the Home Office to repay the appeal fee in full.
What This Decision Means for Ukrainian Men in the UK
This decision matters for Ukrainian men in the UK who fear being sent back. It shows that the tribunal is willing to look closely at what is happening in Ukraine now, rather than relying on older findings from before the war.
In this case, first-hand witness evidence, a detailed expert report and up-to-date country evidence made the difference.
Each case depends on its own facts, a First-tier Tribunal decision does not bind other judges, and the Home Office can seek permission to appeal. But the message is clear: the risks facing men of military age in Ukraine are being taken seriously.
