Ukrainian draft evader loses his appeal in the Upper Tribunal

In its latest decision, the Upper Tribunal ruled that asylum cannot be granted to citizens of Ukraine on the ground that they are obliged to undertake compulsory military service in the Ukrainian army, even if it involves participation in the current hostilities along Ukraine’s southern border.

In case [2018] UKUT 241 (IAC), the Upper Tribunal refused asylum to the Ukrainian citizen who evaded military service, despite being aware of the fact that participation in a military conflict may lead to acts which are contrary to basic human conduct. The Upper Tribunal found that practically most of the draft evaders were not punished in the Ukraine and that there was no real risk to their lives. Thus, the appellant did not have fear of prosecution hence no sufficient grounds to win the appeal.

The Tribunal also ruled that even taking into account the rough conditions of the Ukrainian prisons, there was no breach of Article 3 of the European Convention on Human Rights, which prohibits torture, inhuman or degrading treatment and punishment, because in such cases the applicant will not be detained in the first place.