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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 non-combatant r�le under pressure of ill-treatment: whether what he had already suffered reached the minimum level of severity for article 3 may be arguable, but the threats certainly involved that. Mr Phillips did not seek to disturb our provisional view (following what had apparently happened on the judicial review application) that the adjudicator's decision could not be supported on this ground.
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Common Room
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