IAT 1. A person who is reasonably likely to have left Eritrea illegally will in general be at real risk on return if he or she is of draft age, even if the evidence shows that he or she has completed Active National Service, (consisting of 6 months in a training centre and 12 months military service). By leaving illegally while still subject to National Service, (which liability in general continues until the person ceases to be of draft age), that person is reasonably likely to be regarded by the authorities of Eritrea as a deserter and subjected to punishment which is persecutory and amounts to serious harm and ill-treatment.
2. Illegal exit continues to be a key factor in assessing risk on return. A person who fails to show that he or she left Eritrea illegally will not in general be at real risk, even if of draft age and whether or not the authorities are aware that he or she has unsuccessfully claimed asylum in the United Kingdom.
3. This Country Guidance supplements and amends to the above extent the Country Guidance in IN (Draft evaders – evidence of risk) Eritrea CG [2005] UKIAT 00106, KA (draft-related risk categories updated) Eritrea CG [2005] UKAIT 00165, AH (Failed asylum seekers – involuntary returns) Eritrea CG [2006] UKAIT 00078 and WA (Draft-related risks updated – Muslim Women) Eritrea CG [2006] UKAIT 00079.
Citations:
[2007] UKAIT 00059
Links:
Cited by:
Cited – GM (Eritrea) and others v Secretary of State for the Home Department CA 17-Jul-2008
The claimants sought the protection of the Refugee Convention against deportation to their native Eritrea. Their own accounts of their experiences were doubted, and they sought to rely upon the general country guidance to demonstrate the risks they . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 11 July 2022; Ref: scu.253679