Zk (Abcd Not to Be Followed)
Jurisdiction | England & Wales |
Judge | John Freeman,Mrs AJF Cross de Chavannes |
Judgment Date | 12 October 2017 |
Neutral Citation | [2003] UKIAT 141 |
Court | Immigration Appeals Tribunal |
Date | 12 October 2017 |
[2003] UKIAT 141
IN THE IMMIGRATION APPEAL TRIBUNAL
IMMIGRATION AND ASYLUM ACTS 1971-99
John Freeman (Chairman)
Mrs AJF Cross de Chavannes
Mr S Taghavi (counsel instructed by Powell & Co) for the claimant
Mr G Phillips for the respondent
ZK (ABCD not to be followed) Georgia
This is an appeal from a decision of an adjudicator (Mr RA Pullan), sitting at Taylor House on 1 May, dismissing an asylum and human rights appeal by a citizen of Georgia, now 33. Leave was given on the basis that a previous refusal had been quashed by consent, following the grant of leave for judicial review.
The claimant said he had got into trouble at home as a pacifist, being a member of the Dukhobor sect (more familiar in the Ukraine, whence many emigrated to Canada to avoid military service under the Tsars). This had led to his being forcibly rounded up by the military police in January 1993 to serve in the war with Abkhazia. When he told them he could not stand the sight of blood, one of them slashed him across the face with a knife. He was put in a cell for a week, and threatened with being hanged for treason, or being shot in the knee, if he refused to serve. After that he did agree to drive an ammunition lorry. There were further arrests for short periods on 26 May (Georgian Independence Day) in 1995, 1999 and 2001. Then the claimant came to this country, as a visitor with a visa, in August 2001.
It was while the claimant was here, on either 4 or 8 September 2001, that he said he had a phone call from his mother, telling him a military policeman had left a call-up notice at their house. The reason was said to be renewed fighting over Abkhazia. What was said to be the call-up letter was before the adjudicator; but there has been no background evidence about any renewed hostilities, either before him or us. There was also a report by a “country expert”, Professor George Hewitt FBA of the London School of Oriental and African Studies.
The adjudicator accepted that the claimant is a pacifist Dukhobor, who had had the experiences he claimed in 1993; but he went on to deal with the evidence about the recent call-up as follows:
16. However I have grave doubts about the authenticity of the call up request, most obviously because it gives no date for him to report for service, only the time of day. I have not seen the original as it is with the Home Office, but I find it very unlikely that such a document would be issued in that form. I also note Professor Hewitt's observation on it: though he says it is “seemingly genuine as far as I can tell”, he finds “fascinating to learn that call up papers were (?) unexpectedly being distributed to bolster the strength of the Georgian armed forces”. Although he is an expert on the region he was not aware that reservists were being called up. My conclusions below do not require a finding on this point.
That refers to the view the adjudicator took at § 22, as to what would happen if the claimant were in fact called up on return:
If the appellant was in fact sent to prison there is indeed a likelihood of serious ill-treatment. However, on the evidence before me I do not consider it reasonably likely that if put to the test, the appellant would actually refuse military service, any more than he did before.
The trouble with that is that the claimant had refused military service before, only taking a...
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