Case No. UKUT-00241-(IAC)

C-472/13, which analysed Article 9(2)(e) of the Qualification Directive in the context of an America soldier who sought asylum in Germany on the basis that he would be required to participate in the Iraqi conflict which he considered to be both illegal and one involving the commission of war crimes. While the CJEU judgment provides guidance on the operation of Article 9(2)(e) it does not deal with the specific issues posed to us. 63. The grounds additionally criticise the judge for stating that the appellant “is not a well man” and that he may get another medical deferral, given that his medical condition was regarded as temporary and was treated between 2004 and 2008. Any error of law by the judge in applying the historic deferral of military service to the role the applicant may be given if mobilised clearly falls away in light of our assessment above.