A claim for political asylum could not be founded on the basis that the applicant would face the alternatives of imprisonment for refusing conscription, or being conscripted and facing attack from anti-government terrorists. The position of former soldiers might be different, since they might cease to have the protection allowed to a serving soldier. In effect the applicant sought a surrogate protection from conflict. There appears no distinction to be made under the Convention between soldiers engaged on warlike activities against an external force, and those engaged fighting terrorists.
Citations:
Times 12-Dec-2000, Gazette 11-Jan-2001, [2000] EWCA Civ 297
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 19 May 2022; Ref: scu.87930