OISC L2 ASY practice Question - Dimitri - with answers
The document presents a practice question for OISC Level 2 immigration trainees centred on Dimitri, a 25‑year‑old Russian national of Ukrainian heritage who fled Russia in early 2022 to avoid compulsory military service in the war against Ukraine. After a brief stay in Georgia, he entered the UK on a falsified Georgian passport and seasonal work visa, overstayed, and later participated in a protest outside the Russian Embassy and posted anti‑war content on social media. He now seeks to regularise his status, claiming refugee protection. The question asks candidates to assess, with reference to relevant legal sources, whether Dimitri fits the definition of a refugee. The guidance outlines potential grounds: political opinion (opposition to the war and unwillingness to fight), ethnicity (Ukrainian heritage), and nationality (relationship to a population of another state). It stresses the need to demonstrate a ‘severe violation of a basic human right’ or a cumulative effect, referencing S.33(1)(d) and S.31 of the Nationality and Borders Act 2022 (NABA 2022). The document also details credibility issues under S.32(2) NABA 2022, such as use of false documents, failure to claim asylum in Georgia, and delay in filing, citing S.8 of the Asylum and Immigration (Treatment of Claimants) Act 2004 and the Danian case. Additional authorities include HJ (Iran) for fear of persecution if he cannot act on his opinion in Russia, and the broader context of Russian war crimes and intolerance of dissent. The overall aim is to guide the trainee through a structured legal analysis, weighing the strength of each ground and the evidential hurdles.
Topics
Dimitri’s Personal Background, Flight Path, and Current Situation
Details Dimitri’s age, nationality, Ukrainian heritage, IT background, reasons for fleeing Russia, travel through Georgia, entry to the UK on a false passport, overstaying, protest participation, social‑media activity, and recent relationship prompting a claim.
Political Opinion Ground under S.33(1)(d) NABA 2022
Analyzes how Dimitri’s opposition to the war and unwillingness to fight constitute a protected political opinion, the relevance of the Russian state as the persecutor, and the need to show a serious risk of persecution for that opinion.
Alternative Refugee Grounds: Ethnicity and Nationality Claims
Explores possible reliance on Ukrainian ethnicity (race) and a nationality link to the Ukrainian population, outlining the legal thresholds and how they might complement the political opinion claim.