ackground
2. T he following is a summary of the material elements of the appellant’s protection claim , as developed before the First-tier Tribunal, necessary for determining whether the First-tier Tribunal ’s decision contains material errors of law . 3. The appellant is a national of Ukraine , date of birth 30 January 198 1 . He is Catholic and worked as a carpenter. He and his wife left Ukraine in December 2013. They illegally entered the UK on an unknown date and were arrested on 23 December 2014 and granted Temporary Admission. 4. A military call-up notice issued by the Ukrainian authorities was delivered to his parents’ address requiring the appellant to present himself to the mili tary in October 2016. A further notice was similarly delivered requiring him to present himself in February 2017. The appellant maintains that the military authorities have been enquiring about his whereabouts . 5. The appel lant, with his wife as a dependa nt, claimed asylum in March 2017. He fear ed that he would be subjected to serious ill-treatment as a draft evader and because his political activities as a supporter of the Party of the Regions. We need say no more in relation to the 2 nd basis of the protection claim as the political landscape in Ukraine has materially changed since the appellant departed . The appeal before the First-tier Tribunal concentrated almost exclusively on the consequences of the appellant’s draft evasion.
- DECISION AND REASONS
- ackground
- VB and Another (draft evaders and prison conditions) Ukraine
- OM (AA(1) wrong in law) Zimbabwe
- challenge to the First-tier Tribunal’s decision
- [2006] UKAIT 00016
- Krotov
- BE (Iran)
- The pre-trial detention issue
- The IHL issue
- Sepet v SSHD
- Krotov v SSHD
- (e) prosecution or punishment for refusal to perform military service in a conflict, where performing military service would include crimes or acts falling under the exclusion clauses as set out in Article 12(2)
- prosecution or punishment for refusal to perform military service in a conflict, where performing military service would include crimes or acts falling under regulation 7
- Sepet and Bulbul
- MI & Anor v Secretary of State for the Home Department
- Amare v Secretary of State for the Home Department
- Andre Shepherd v Bundesrupublik Deutschland
- Direction Regarding Anonymity – Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008
