OM (AA(1) wrong in law) Zimbabwe
CG [2006] UKAIT 00077). In this case I do not, in common with the UT determination, find that Question One is made out. That is, that the threshold reached by which the appellant, if returned, may be compelled to engage in acts contrary to basic rules of human conduct. 11. In relation to Question Two, t he judge had this to say at [30], Finally, we have the issue of imprisonment and article 3. With the appellant having complied with call-up and being deferred as unfit, thereafter not receiving his call-up papers as he was out of the country, I conclude that he falls under (1) of VB , above. He is likely to be dealt with by way of fine. The UT determination allowed the appeal under Question Two …. However, that appellant was found to be liable to lengthy detention pending trial. He was also likely to receive particularly harsh treatment because he was an ethnic Ukrainian Russian who sympathies were with the Russian side. Neither of these factors apply to this appellant. 12. The judge consequently dismissed the appeal.
The
- 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
