(i) A legal requirement for conscription and a mechanism for the prosecution or punishment of a person refusing to undertake military service is not sufficient to entitle that person to refugee protection if there is no real risk that the person will be subjected to prosecution or punishment.
(ii) A person will only be entitled to refugee protection if there is a real risk that the prosecution or punishment they face for refusing to perform military service in a conflict that may associate them with acts that are contrary to basic rules of human conduct reaches a minimum threshold of severity.
(iii) VB and Another (draft evaders and prison conditions) Ukraine CG [2017] UKUT 79 (IAC) did not consider whether the Ukrainian conflict involved acts contrary to basic rules of human conduct.
Citations:
[2018] UKUT 241 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 01 February 2022; Ref: scu.628724