The Court of Appeal handed down its judgment in PK (Ukraine) v Secretary of State for the Home Department  EWCA Civ 1756. The question of principle before the Court, referred by it as “one of overarching importance”, was whether a draft evader facing a non-custodial punishment for failing to serve in an army which regularly commits acts contrary to International Humanitarian Law is entitled to refugee status. The Court, however, held that the question should be addressed after there has been a proper analysis of the latest county evidence concerning military service in Ukraine and what is likely to happen to the appellant in the event of return to Ukraine. The Court, accordingly, remitted the matter to the Upper Tribunal find facts and consider these issues.
Zane Malik appeared for the Secretary of State for the Home Department.
The Court of Appeal’s judgment is available here.