Case No. UKUT-00241-(IAC)
Upper Tribunal Immigration and Asylum Chamber

Case No. UKUT-00241-(IAC)

Fecha: 14-Mar-2018

(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)

[emphasis added] 42. Article 12(2) deals with those who are excluded from being a refugee because they have committed a crime against peace, a war crime, or a crime against humanity, or have committed a serious non-political crime or have been guilty of acts contrary to the purposes and principles of the United Nations. 43. The 2006 Regulations came into force on 9 October 2006, after the decisions in Sepet and Krotov . The 2006 Regulations, together with amendments to the immigration rules, were intended to transpose the Qualification Directive into UK law. 44. Regulation 5 of the 2006 Regulations is headed ‘Acts of persecution’. Regulation 5 reads, in material part, (1) In deciding whether a person is a refugee an act of persecution must be: (a) sufficiently serious by its nature or repetition as to constitute a severe violation of a basic human right, in particular a right from which derogation cannot be made under Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms; or (b) an accumulation of various measures, including a violation of a human right which is sufficiently severe as to affect an individual in a similar manner as specified in (a). (2) An act of persecution may, for example, take the form of: (a) an act of physical or mental violence, including an act of sexual violence; (b) a legal, administrative, police, or judicial measure which in itself is discriminatory or which is implemented in a discriminatory manner; (c) prosecution or punishment, which is disproportionate or discriminatory; (d) denial of judicial redress resulting in a disproportionate or discriminatory punishment; (e)