challenge to the First-tier Tribunal’s decision
13. The appellant challenges the judge’s decision on two principal grounds. 14. Firstly , the judge misdirected himself in holding that VB dealt with the issue whether those conscripted or mobilised were at risk of being associated with breaches of International Humanitarian Law (IHL) , and failed to make any express finding on this point in light of the further country evidence. In her grounds M s Norman referred to this as the ‘IHL point’. 15. Ms Norman relied on paragraphs 6 and 7 of VB . These read, 6. It was agreed with the parties that this deci sion would also seek to provide Country Guidance on the following issues: (i) What are the likely punishments for draft evasion in Ukraine ? (ii) Are prison conditions for draft evaders in Ukraine contrary to Article 3 of ECHR, or has there been a significant and durable change in Ukraine such that the country guidance decision of
- 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
