On 10 October 2016, the Upper Tribunal published a new Country Guidance case on Eritrea, MST and Others (national service – risk categories). The judgment confirms that Eritreans, who evaded military service and/or left the country illegally, continue to face a real risk of persecution, serious harm or ill-treatment if returned to Eritrea.
The Upper Tribunal finds that a person whose asylum claim has not been found credible, but who is able to satisfy a decision-maker:
– that he or she left illegally, and
– that he or she is of or approaching draft age
is likely to be perceived on return as a draft evader or deserter from national service and as a result face a real risk of persecution or serious harm. It is also possible, while rare, that a person who has exited lawfully may on forcible return face having to resume or commence national service. In such a case there is a real risk of persecution or serious harm by virtue of such service constituting forced labour contrary to Article 4(2) and Article 3 of the ECHR.
▻https://www.fluechtlingshilfe.ch/news/archiv/2016/uk-upper-tribunal-publishes-new-country-guidance-case-on-eritrea.h