(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)
- 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
