UK: Upper Tribunal publishes new Country Guidance case on Eritrea

Monday, October 10, 2016

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:

  1. that he or she left illegally, and
  2. 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.
In response to the MST and Others judgment, the Home Office has removed their previous Country Information and Guidance on Eritrea in relation to national (including military) service and illegal exit from August 2016.

Original version currently not available online.


This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.



Country of origin
Country of origin information
Inhuman or degrading treatment or punishment
Persecution (acts of)
Persecution Grounds/Reasons
Real risk
Serious harm
Well-founded fear