AIT Country guidance is given in this case on the following issues and in the following terms:
(i) On the available evidence Sudanese draft evaders and draft deserters do not face a real risk of imprisonment as a punishment. Instead they are forced to perform military service under close supervision.
(ii) In view of the ending in January 2005 of the north-south civil war, there is no longer a real risk of conscripts or draft evaders or draft deserters being required to fight in the south.
(iii) The recent conflict in Darfur (still ongoing) has been characterised by serious violations of international humanitarian law amounting to crimes under international law. However, on the available evidence it is not reasonably likely that conscripts or draft evaders or draft deserters are being or would be required to fight in Darfur.
(iv) Accordingly, Sudanese who face conscription, or who are draft evaders and draft deserters do not face a real risk on return of persecution or treatment contrary to Article 3.
(v) The case of AM (Sudan Draft Evader) Sudan [2004] UKIAT 00335 is no longer to be followed and, even read historically, was wrongly decided.
(vi) In view of the substantial political realignments in Sudan during the 2002-2005 period, none of the existing Country Guideline cases on Sudan (save for TM (Persecution- Christians – Individual – General) Sudan CG [2002] UKIAT 04849 and AE (Relocation – Darfur – Khartoum an option) Sudan CG [2005] UKAIT 00101) are to be considered any longer to furnish current country guidance and are accordingly to be deleted from the AIT Country Guideline list.
Judges:
Dr H H Storey SIJ
Citations:
[2006] UKAIT 00006
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 05 July 2022; Ref: scu.238366
