1911842 (Refugee)

[2019] AATA 6177

1911842 (Refugee) [2019] AATA 6177 (9 August 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1911842

COUNTRY OF REFERENCE:                   Syria

MEMBER:Tania Flood

DATE:9 August 2019

PLACE OF DECISION:  Sydney

DECISION:The Tribunal affirms the decision not to grant the applicant a protection visa.

Statement made on 09 August 2019 at 3:46pm

CATCHWORDS
REFUGEE – protection visa – Syria – military service evader – religion – Alawite – fears being arrested or sent to war upon return – did not receive conscription notice – departed Syria before war started – did not raise fears of returning to Syria when interviewed by compliance officer – authorities unlikely to focus recruitment on older reservists – inconsistent evidence – claim fabricated – no real chance of serious harm – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), ss 5, 36, 499
Migration Regulations 1994 (Cth), Schedule 2

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependant.

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 8 May 2019 to refuse to grant the applicant a protection visa under s.65 of the Migration Act 1958 (the Act).

2. The applicant, who claims to be a citizen of Syria, applied for the visa on 29 March 2019. The delegate refused to grant the visa on the basis that it was not accepted that the applicant is being sought by the authorities in Syria for military service. Further, the delegate found that the claims made in respect of damage to the family home and village had been fabricated.  Also, the delegate found that the applicant had not experienced any harm in Syria on account of his Alawite religion.

   CRITERIA FOR A PROTECTION VISA

3. The criteria for a protection visa are set out in s.36 of the Act and Schedule 2 to the Migration Regulations 1994 (the Regulations). An applicant for the visa must meet one of the alternative criteria in s.36(2)(a), (aa), (b), or (c). That is, he or she is either a person in respect of whom Australia has protection obligations under the ‘refugee’ criterion, or on other ‘complementary protection’ grounds, or is a member of the same family unit as such a person and that person holds a protection visa of the same class.

4. Section 36(2)(a) provides that a criterion for a protection visa is that the applicant for the visa is a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the person is a refugee.

5. A person is a refugee if, in the case of a person who has a nationality, they are outside the country of their nationality and, owing to a well-founded fear of persecution, are unable or unwilling to avail themself of the protection of that country: s.5H(1)(a). In the case of a person without a nationality, they are a refugee if they are outside the country of their former habitual residence and, owing to a well-founded fear of persecution, are unable or unwilling to return to that country: s.5H(1)(b).

6. Under s.5J(1), a person has a well-founded fear of persecution if they fear being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, there is a real chance they would be persecuted for one or more of those reasons, and the real chance of persecution relates to all areas of the relevant country. Additional requirements relating to a ‘well-founded fear of persecution’ and circumstances in which a  person will be taken not to have such a fear are set out in ss.5J(2)-(6) and ss.5K-LA, which are extracted in the attachment to this decision.  

7. If a person is found not to meet the refugee criterion in s.36(2)(a), he or she may nevertheless meet the criteria for the grant of the visa if he or she is a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia to a receiving country, there is a real risk that he or she will suffer significant harm: s.36(2)(aa) (‘the complementary protection criterion’). The meaning of significant harm, and the circumstances in which a person will be taken not to face a real risk of significant harm, are set out in ss.36(2A) and (2B), which are extracted in the attachment to this decision.

   Mandatory considerations

8. In accordance with Ministerial Direction No.84, made under s.499 of the Act, the Tribunal has taken account of policy guidelines prepared by the Department of Immigration – PAM3 Refugee and humanitarian - Complementary Protection Guidelines and PAM3 Refugee and humanitarian - Refugee Law Guidelines – and relevant country information assessments prepared by the Department of Foreign Affairs and Trade expressly for protection status determination purposes, to the extent that they are relevant to the decision under consideration.

   CONSIDERATION OF CLAIMS AND EVIDENCE

9. The issue in this case is whether there is a real chance the applicant will suffer serious harm if he returns to Syria now or in the reasonably foreseeable future for reason of his race, religion, nationality, membership of a particular social group or political opinion, or alternatively whether there are substantial grounds for believing that as a necessary and foreseeable consequence of him being removed from Australia to Syria there is a real risk that he will suffer significant harm.

10. For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.

    Migration History

11. The applicant first arrived in Australia on a [temporary] visa [in] August 2007 and departed [in] November 2007.  He re-entered Australia [in] July 2009 on a Prospective Marriage visa.  On 21 September 2009 his Prospective Marriage visa was cancelled and he was subsequently granted a series of Bridging visas.  On 5 August 2016 a Combined Partner visa application was refused.  On 13 September 2016 his Bridging visa ceased.  [In] July 2017 he was convicted and sentenced to [a number of] years imprisonment with a non-parole period of 1 year and 6 months.  [In] January 2019 he was released from prison and detained at [a] Detention Centre.  On 29 March 2019 he lodged an application for a Protection visa.

    Summary of claims

12. In his application for a Protection visa the applicant claims the following:

13. He is [an age] year old Syrian male.  He has two children who live with their mother and one sister in Australia.

14. He escaped army duty and if he returns he will either be jailed or killed or forced to join the army.  He will be found as soon as he enters the country as his name is on a list.

15. His village and house are destroyed and he has no one to go back to.

16. Syria is a dangerous place and he will not be able to stay alive.

17. In Australia he was convicted of stealing and jailed.

    Additional claims made at Protection visa interview

18. The Delegates decision which is before the Tribunal outlines additional claims made at the Protection visa interview including:

19. During the war the Syrian government asked everyone who had served in the army to re-enlist for the war effort.

20. He was asked to join the army around four years ago.  His sister who lives in Lebanon received a letter telling the applicant to return to Syria and join the army.

21. He completed two years of military service when he was 20 years old.  He had no rank and was only a soldier in the internal security force.

22. He travelled to Lebanon in 2000 and remained there until 2006.  He entered Lebanon using his Syrian national ID card.

23. He has never experienced any harm in Syria, including due to his Alawite Islamic religion.

24. His sister and brother-in-law frequently travel between Lebanon and Tartous to check on their family home.

    Evidence to the Tribunal

25. The applicant appeared before the Tribunal twice on 26 June and 22 July 2019.  His evidence is summarised as follows:

26. By way of background the applicant informed the Tribunal that he was born in Tartous, Syria.  His parents are deceased and his remaining siblings include three sisters and three brothers.  One sister resides in Australia; one sister in Lebanon, one sister in Tartous.  His sister in Lebanon married a Lebanese citizen about twenty-two years ago.  His sister in Tartous spent time in Lebanon during the conflict but has since returned.  She is married to a Syrian citizen who is currently performing military duty based in Tartous.  His brothers have been residing [in] Tripoli for about five years.  One works in a [workplace], another is [an occupation] and one works in [industry 1].

27. The applicant advised that he living in Lebanon from 2000 to 2006 and then went back to Syria for a short while before first coming to Australia.  He resided [in] Tripoli and worked in [industry 1].  When he returned to Syria he worked in a [workplace].

28. As to his migration history the applicant informed the Tribunal that he previously entered Australia holding a Prospective Marriage visa.  He said that relationship failed because his prospective wife was a lesbian and only married him for the sake of appearances.  He later remarried in 2009 but that relationship also broke down.  He has a son aged [specified] and a daughter aged [specified] from a former relationship he had in Lebanon.  His children and their mother are now residing permanently in Australia.

29. The applicant informed the Tribunal that he is an Alawite and said that there are no Alawites other than the President in Syria at the moment.  When the Tribunal begged to differ with this claim he said that Alawites in Syria are restricted to Tartous.  He said if they attempt to go outside of Tartous they will get killed.  He claimed that most Alawites are attempting to leave the country.  The Tribunal put it to the applicant that country information indicates that Alawites tend to live in government controlled areas of Syria and have been afforded some protection throughout the ongoing conflict.  Further, the Tribunal indicated that country information suggests that Tartous has not been impacted to the same degree as other parts of the country during the conflict.  The applicant agreed that Tartous is far from the war zone and he said they only experienced a few explosions.

30. The applicant stated that he fears having to serve in the military.  He said that the government has demanded that anyone born from 1970 onwards is required to enter the military.  He said that he previously completed his military service and is now in the reserve forces but can still be called up to re-enlist.  When asked if he was recalled he said that the government sends out documents saying you have to rejoin. When asked if he received such a document he said that his sister in Tartous received it approximately four or five years ago.  He said that he did not own property in Syria and had therefore used his sister’s address for correspondence in the past.  He said that the government usually searches for people by locating their family.    He said that he only found out about the letter his sister received about six months ago when he was released from jail. 

31. During the second hearing the applicant advised that he has a recent history of drug problems and until recently was estranged from his family for this reason.  He said that it is only recently that he has reconnected with his family while in immigration detention. It was then that he learnt that he was required to present for military service. The Tribunal asked the applicant how his sister came to be in possession of the documentation stating he is required to re-enlist and he said that she needed a police clearance certificate to apply to migrate to Australia and went to the department which is responsible for military recruitment to obtain it.  When there she was advised that he was required to go back into military service.    He said that two of his brothers were issued with the same advice.  His third brother is exempted on medical grounds.  He stated that his brothers went to Lebanon to avoid this and that brother in law who went into the army in 2014 hasn’t been released yet.  He said he does not know if his brothers went to Lebanon before or after being advised of the requirement to present for military service.  He added that every eligible Syrian citizen received such correspondence during the war.   The applicant’s representative advised that the applicant’s brothers have been residing in Lebanon since 2014 and have recognised UN refugee status on humanitarian grounds.  She said his sister has no such status because her husband is serving in the military. She also submitted that it is incorrect to state that conscription letters were issued.  Rather, she said that there is an advertised recall process which eligible persons have to comply with.  The Tribunal pointed to the DFAT report which states that conscription notices are sent to individuals.  The applicant’s representative reiterated that there is no documentation and that officials door knock the persons who are wanted for military service.

32. The Tribunal put it to the applicant that his evidence is that his sister learnt that he was required to present for military duty about four or five years ago and yet he only recently raised fears of returning to Syria for this reason.  He replied that he was not informed of this until he was released from prison about six months ago.  The Tribunal pointed out that it appears he was sentenced in July 2017 and questioned why he was never told about this before entering the prison system.  He said he did not know why.

33. The Tribunal put it to the applicant that the delegate’s decision indicates that when he was interviewed by a compliance officer of the department on 11 January 2019 he never mentioned any fears of being conscripted if he returned to Syria.  He maintained that he had not been told the news of his requirement to present for military service at that time.  The Tribunal pointed out that his earlier evidence is that he is knowledgeable of the recall processes utilised by the government in Syria and that he was aware of the blanket requirements for re-enlistment.  He then said he wasn’t really following the news in Syria.  The applicant’s representative said that she took a statement from the applicant in March 2019 and at that point he had been informed of his responsibilities by his sister.  She maintained the case officer was aware of this.

34. The Tribunal asked the applicant whether he had objected to completing his military service at age eighteen.  The applicant complained of earning very little money while in the army and said he wasn’t treated well during his time in the military.  He said he does not want to fight in a war or to kill people.

35. The Tribunal put it to the applicant that country information indicates the Syrian government has announced an amnesty for military evaders which while not freeing a person from the conscription obligation, removes the consequences of evading one’s duty.  The Tribunal suggested that it appears less likely in the circumstances that a person would be killed or jailed for evading military conscription or service.  The Tribunal added that country information indicates that the Syrian government has steadily regained control of the country and the security situation is reportedly more stable now that rebel and ISIS forces have been ousted from various strongholds in the country.  The Tribunal noted that the government now controls around 60% of the country including nearly all of the south and most major urban centres including Damascus, Homs and Aleppo.  The Tribunal noted that the numbers of civilians killed in the war has decreased to its lowest level since the start of the war (INSERT).  Noting these circumstances and the fact that the official conscription age is from eighteen to forty-two years of age, the Tribunal questioned the chances of him being involuntary conscripted at this stage of the war.  The applicant responded that Syria is in chaos and there is no security whatsoever in the country.  He said he does not want to go back to Syria because he will not be safe.  He said he could be forced to go to war.  The applicant’s representative submitted that the amnesty date has passed and there is evidence of people being arrested for evading military service.   She submitted that the applicant will be arrested on return to Syria because the amnesty is over.

36. The Tribunal acknowledged that there are some reports available (INSERT) of persons older than fifty being required to serve in the military again, especially if they have specialist skills.  The Tribunal noted that the applicant previously informed the delegate that he held no rank when he served in the military before.  The applicant provided no comment in respect of this observation.

37. Referring to the claim that his house and village have been destroyed and he has no-one to return to in Syria, the Tribunal noted that it appears his sister has since returned to Tartous.  The applicant replied that his sister is married and maintained he will have nowhere to go.  The Tribunal repeated its earlier observation that the security situation in Tartous is relatively stable and noted that his sister’s return appears to suggest it is a safe place to return to.  The applicant responded that there is no water, electricity or food in Tartous and no work opportunities.  The Tribunal agreed that country information indicates that employment opportunities have come under pressure due to the numbers of persons moving to Tartous but disputed the lack of services based on available country information which suggests that infrastructure in Tartous has not been significantly impacted by the war.   In any event, the Tribunal put it to the applicant that it appears he could also go to Damascus where job opportunities are likely to be greater.  The applicant responded that he is Alawite and cannot trust anybody in Damascus.  When asked if he feared returning to Syria because of his religion he said that if he stays in Tartous he will not have a problem but outside of Tartous he would not be safe.

38. As to his last departure from Syria in 2009 the applicant advised that he flew out of Damascus and he agreed that the Syrian authorities would be aware of this fact. 

39. The applicant’s representative submitted that the applicant has mental health issues which should be considered.  She said that the applicant has been a heavy drug user in the past and this is what lead to his family ties being cut until recently.  The Tribunal asked if she has any medical evidence to submit for consideration and she said that there might possibly be a rehabilitation report which she undertook to try to source.  The Tribunal granted a period of two weeks for further submissions and any medical or other evidence to be provided.

    Additional information provided at and post hearing

40. The following articles were presented to the Tribunal during the second hearing:

    -Landinfo Report, Syria: Reactions against deserters and draft evaders, 2018

    -World News article, Syria offers amnesty to deserters and draft dodgers, 9 October 2018

41. A post hearing submission dated 22 July 2019 states the following:

42. The applicant arrived lawfully in Australia [in] August 2007 with a subclass 300 Provisional Partner visa. 

43. The applicant’s two children are living in Australia and have Australian citizenship.  They want their father to be with them.  The submissions references statutory declarations provided by the applicant’s children but which were not attached to the submission.  On 5 August 2019 the applicant’s representative advised the Tribunal that those documents are not available and will not be relied upon.

1. The applicant has never been convicted of a crime in his home country.

2. The applicant pleaded guilty to stealing in Australia as he had no money to fight the case.

3. The applicant was working [and] likes to live a peaceful life which will not be possible if he is forced to go back to Syria.

4. The applicant’s name was on a list to serve army service and because he did not attend the Syrian government will put him in jail.

5. The conditions in Syria are unsafe and the United Nations current report attests to this.

6. The applicant does not have anyone in Syria.  He has lived in Australia for the last 12 years.

7. The applicant faced family issues followed by a separation after arrival in Australia.  This led him to depression and mental trauma and was the reason for his drug addiction.  He was never part of drug dealing or trafficking.

8. The applicant’s conduct is never aggressive or violent and he is not a threat to society.

9. It will be prejudicial to deny the applicant a visa based on the fact that he is the first one from his family to appeal for a Protection visa.

10. It will be unfair to send the applicant back to Syria where his wellbeing is at risk.

11. Documents attached to submissions include:

    -Police Judicial Certificate issued in Damascus [in] July 2008.

    -Copies of passport pages.

    -Letter advising grant of a Prospect Marriage visa.

    -Completed application for migration to Australia by a partner.

    -Transcript of Civil Status Record.

    -Statement of Divorce.

    -Certificate issued by the Army and Armed Forces Headquarters, Directorate General of Conscription, Tartous Conscription [Centre], dated [July] 2019.

    -Notification of refusal of a Refugee and Humanitarian (Class XB) visa for the applicants brother.

    -UN Security Council report, Implementation of Security Council resolutions 2139 (2014), 2165 (2014), 2191 (2014), 2258 (2015), 2332 (2016), 2393 (2017), 2401 (2018) and 2449 (2018) dated 19 June 2019.

    Country Information

12. The Tribunal requested the Country of Origin Information Services Section (COISS) to prepare a report on the circumstances surrounding military conscription in Syria.  The below responses were provided as answers to the following questions outlined in the request for information:

    Please provide recent information in respect of conscription in Syria.

    Article 46(1) of Syria’s 2012 Constitution states that ‘[c]ompulsory military service shall be a sacred duty and is regulated by a law’.[1] Law No. 61 of 1950, or the Military Penal Code, is the law that outlines the applicable punishments for not performing military service when called up.[2]

    [1] 'Syrian Arab Republic: Constitution, 2012', Syrian Arab Republic, 26 February 2012, CIS961F9402824

    [2] An English translation of extracts of the Military Penal Code prepared by the United Nations High Commissioner for Refugees (UNHCR) can be found at 'Law No. 61 of 1950, as amended (Military Penal Code)', Syrian Arab Republic, 16 February 2017, 20190607112450

    A January 2018 report from Landinfo (the Norwegian Country of Origin Information Centre) provided the following information about how compulsory military service has operated in Syria since the Civil War began in 2011:

    Military service in Syria is compulsory. Service is compulsory for all men, but exemption or deferral may be granted to certain groups in accordance with the regulations of the Syrian Military Service Act. The majority of soldiers in the army are conscripts, whereas the officer corps consists of professional officers. After the Civil War broke out in 2011, a significant number of officers and conscripted soldiers chose to desert. Deserters fled the country or joined one of the many armed insurgency groups that emerged during the first year of the war. In addition, many failed to report for compulsory military service. Combined with high losses, this has resulted in a sharp reduction of the Syrian army’s standing army. According to the Institute for the Study of War the army was reduced from about 300,000 men before 2011 to somewhere between 150,000 and 175,000 in 2014. In subsequent years, the army has been further weakened. Estimates from October 2015 are between 80,000 and 100,000 men (Kozak 2015, p. 12; Al-Masri 2017). However, the army has survived as an institution and still exists. No officers have taken entire divisions with them to the opposition. Only individuals have deserted (Khaddour 2016).

    The rules on military drafting, exemption and deferral of military service are still applied with only minor adjustments, however the authorities have taken comprehensive action to remedy the shortage of recruits. First, almost no one in active service has been demobilised since the outbreak of the war in 2011, but instead has had to serve beyond the compulsory 18 months. In addition, more and more reservists who have previously completed military service have been called back as reserve officers. The authorities have also actively searched for deserters and draft evaders, by looking them up at home and in controls carried out in public places in government-controlled parts of the country (UNHCR 2017a, pp. 21-23). Last but not least, a large number of regime-loyal armed militant groups have been established, and these support the Syrian army with guard duties and in the fight against opposition groups (Landinfo 2017b).[3]

    [3] 'Syria: Reactions against deserters and draft evaders', Landinfo, 3 January 2018, p.5, CIS7B8394110564

    …Syrian men must attend for registration in compulsory military service at their local recruitment office (maktab at-tajnid) in the year they reach 18, or by the age of 19 at the latest. Once the registration has been completed, the recruit receives written notice of where and when to attend the service. Students at universities may under certain conditions be deferred. Some groups are also exempted, including those who are the only male amongst the siblings in the family. Those who have previously performed military service can be called to the reserve service/repetition service. The call up of reservists has increased in scope during the civil war. Palestinians in Syria must undertake military service under exactly the same regulations as Syrian nationals and may, like the Syrians, be called up to reserve service/repetition service. The right to refuse military service because of conscientious objections is not recognised and there are no alternatives to military service in the law. Those who do not attend at the right time for registration or military service are in many cases searched for and are likely to be arrested. Sometimes they are only searched for by certain intelligence services, but not by others. In other cases, they are searched for throughout the country (Landinfo 2017a, p. 8; UNHCR 2017a, p. 20; Danish Refugee Council & Danish Refugee Service 2015, p. 16; spokesman for the Alliance of Palestinian Resistance Forces, meetings in September 2015 and September 2016; HRW’s office in Beirut, meeting in September 2015; Syrian civil society organisation 1, meeting in September 2015).[4]

    [4] 'Syria: Reactions against deserters and draft evaders', Landinfo, 3 January 2018, pp.6-7, CIS7B8394110564

    A March 2018 European Asylum Support Office (EASO) report included information provided by Christopher Kozak of the Institute for the Study of War (ISW) regarding how conscripts are recruited into military service in Syria:

    My understanding is that written directives that get to the conscripts themselves are sent down to the recruitment office first and then it gets sent to their home or posted. That still exists in that there is still a formal state mechanism to do that – but that proceeds in parallel with these other less formal forms of recruitment such as raids and checkpoints, which are generally, at this point, the ones that are more proactive at pulling conscripts in. If you get a notice, you’re more likely to disappear or avoid it. We have seen them modify the procedure for how it works – so basically, going around the police stations and going directly to the checkpoints rather than the recruitment division offering circulars to the local police, which would then make a posting. They were circumventing the police stations because the police would be the first point of contact for someone to pay an informant to tell them if their name came up on a list at the police office, and then they would disappear. We have seen efforts to circumvent that escape route and make the process more targeted against those whose names appear on the list. But there are definitely these parallel processes.[5]

    [5] 'EASO COI Meeting Report - Syria', European Asylum Support Office (EASO), March 2018, p.39, CIS7B83941754

    The aforementioned January 2018 Landinfo report also referred to the use of checkpoints and search and arrest campaigns, as well as checks at official border crossings, by the Syrian authorities to locate persons who have sought to avoid military service:

    During the civil war, a large number of men in the age group for military service or reserve service have deserted or failed to attend for service. They usually stay at home or in their immediate neighbourhood and avoid the regime’s control posts. Others flee to rebel-controlled areas or out of the country to avoid military service. Draft evasion is considered to be the main reason young men flee the country (Hilsman 2016; The New Arab 2017; UNHCR 2017a, p. 22; international organisation 1, meeting in May 2017).

    The authorities have invested considerable resources in finding and arresting deserters and those who have evaded military service or reserve service. Those who do not attend are usually searched for by the police and by the security services. A large number of checkpoints have been set up in government-controlled parts of the country, including in towns and at entry points to cities. In addition, temporary checkpoints are set up in places where many people gather, such as markets, to capture young persons who have evaded or abandoned service (Syrian Human Rights Committee 2016 p. 73; The New Arab 2017; UNHCR 2017a, p. 22). There are also checkpoints at the entrance to several of the universities, where male students are checked every time they enter or leave the university area (Syrian Human Rights Committee 2016 p. 73).

    At the checkpoints young men are checked against lists of wanted persons. Those who staff the checkpoints do not necessarily have access to electronic online registers of wanted persons, but regularly receive lists in paper format or on CDs that can be read on PCs. Usually there is also a representative of one of the intelligence services at the checkpoint. Some people are sought after by one intelligence service, but not by others. Not all checkpoints necessarily have the same updated lists. Wanted persons may be included on lists at certain checkpoints while they are not on the lists at other checkpoints (Danish Refugee Council & Danish Immigration Service 2015, p. 16; international organisation 2, meeting in May 2016).

    During the war, the security forces have also carried out a large number of house searches and arrest campaigns, including in areas recently recovered from insurgent groups (Syrian Network for Human Rights 2017a; UNHCR 2017a, p. 22; Danish Refugee Council & Danish Refugee Service 2015, pp. 17-18). When the regime reconquered the entire Aleppo city in December 2016, men between the ages of 30 and 50 were allegedly either arrested or sent directly to military service (US Department of State 2017, p. 21). The military police, civil police or intelligence services occasionally search the homes of persons sought for having failed to meet for military service (Analyst at Carnegie Middle East Centre, meeting in October 1014 [sic]; Syrian Human Rights Committee 2016 p. 73; Danish Immigration Service 2015, p. 10).

    The authorities also check those who travel in or out of the country by crossing the official border crossings. The border authorities, The Directorate of Migration and Passports, are connected to computer systems with an overview of wanted persons and of persons who have been issued a ban on departure (travel ban). They stop and arrest any person who is sought for non-attendance for military service (Danish Immigration Service 2015, p. 11; international organisation 2, meeting in May 2016).[6]

    [6] 'Syria: Reactions against deserters and draft evaders', Landinfo, 3 January 2018, pp.7-8, CIS7B8394110564

    As noted above, the January 2018 Landinfo report stated that ‘almost no one in active service has been demobilised since the outbreak of the war in 2011, but instead has had to serve beyond the compulsory 18 months.’[7] More recent reports indicate that the Syrian government is continuing to oblige conscripts to undertake compulsory military service for an indefinite period. For example, a February 2019 Atlantic Council[8] report stated that since the start of the present conflict in 2011 persons who have been conscripted into compulsory military service have been required to undertake this service for an indefinite period:

    [7] 'Syria: Reactions against deserters and draft evaders', Landinfo, 3 January 2018, p.5, CIS7B8394110564

    [8] The Atlantic Council is a think tank based in Washington, DC and described its purpose on its website as being to promote ‘constructive leadership and engagement in international affairs based on the Atlantic Community's central role in meeting global challenges’. For this information, see and

    The regime stopped discharging drafted men for compulsory military service since the start of the conflict in 2011; including officers along with rank and file members. This despite the fact that the required term of service before the conflict was for no more than two years. As a result of this policy, all of the soldiers have served continuously until now—some of them for more than eight years.[9]

    [9] 'Forced Conscription Continues Despite Amnesty by Syrian Government', Al-Jablawi, H, Atlantic Council, 13 February 2019, 20190603163142

    A November 2018 Middle East Eye report also stated that the Syrian army had been ‘indefinitely extending military service for young conscripts.’[10] An October 2018 report from The Guardian also stated that some members of the Syrian army ‘were drafted when the war began in 2011 and have been fighting non-stop ever since.’[11] A May 2018 report from the US-based news magazine The Atlantic stated that ‘[s]ince 2011, most conscripts have been kept in the army indefinitely.’[12] The aforementioned March 2018 EASO report included the following information provided by Christopher Kozak of ISW in which he indicated that no conscripts had been officially released from military service since 2011:

    [10] 'Assad calls on Syria's Druze minority to do military service', Middle East Eye, 14 November 2018, CXBB8A1DA38688

    [11] 'Assad's exhausted army in need of reinforcements as Idlib battle looms', McKernan, B, The Guardian, 10 October 2018, CXBB8A1DA36590

    [12] 'Assad Is Desperate for Soldiers', Dagher, S, The Atlantic, 14 May 2018, 20190603164640

    Yes, my understanding is that no unit has been formally dismissed. People pay sums to get out or reach understandings with their commander, pay them off, for instance – but, since 2011, no conscript class has been officially released from duty – that is my understanding.[13]

    [13] 'EASO COI Meeting Report - Syria', European Asylum Support Office (EASO), March 2018, p.39, CIS7B83941754

    There is also recent information available, however, which indicates that some members of the Syrian army who had served for more than five years have been demobilised. A February 2019 Danish Immigration Service and Danish Refugee Council report stated that:

    On 4 November 2018 the Syrian Arab Army issued a Demobilization Decree demobilizing all soldiers conscripted at or before Class 247 of July 2013 (i.e. individuals who served compulsory military service for more than five years). The Syrian Arab Army demobilized Class 102 (i.e. individuals who served compulsory military service since 2010) in May 2018.[14]

    [14]  'Syria: Security Situation in Damascus Province and Issues Regarding Return to Syria', Danish Immigration Service and Danish Refugee Council, 21 February 2019, p.55, 20190307100821

    Is the government still sending conscription notices to individuals, including those who have previously completed their military conscription, to bolster their forces?

    A February 2019 report has been located which indicates that the Syrian government is continuing to send conscription notices to individuals.[15] A December 2018 report also stated that young men were still being drafted from the Alawite communities of Latakia and Tartous despite the heavy casualties suffered by those communities.[16] Reports from late 2018 and early 2019 also refer to Syrians, who have fled from areas of Syria under government control, continuing to be fearful of being conscripted into the Syrian military if they return to these areas.[17]

    [15] 'Forced Conscription Continues Despite Amnesty by Syrian Government', Al-Jablawi, H, Atlantic Council, 13 February 2019, 20190603163142

    [16] 'Syria: Fact-Finding Mission to Beirut and Damascus, April 2018 - Syrian pro-government armed groups and issues related to freedom of movement, reconciliation processes and return to original place of residence in areas controlled by the Syrian government', Finnish Immigration Service, 14 December 2018, p.20, 20190205160905

    [17] 'Syria urges people at camp in U.S.-protected area to return home', Reuters, 1 March 2019, 20190301104025; 'Lessons from the Syrian State's Return to the South', International Crisis Group, 25 February 2019, p.18, 20190306091503; 'Syria: Security Situation in Damascus Province and Issues Regarding Return to Syria', Danish Immigration Service and Danish Refugee Council, 21 February 2019, p.22, 20190307100821; 'Far From Home: Future Prospects for Syrian Refugees in Iraq', Danish Refugee Council, IMPACT Transforming Natural Resource Management, Norwegian Refugee Council and International Rescue Committee, 8 January 2019, pp.8, 40, 42 and 50,  20190109111728; 'Russia, US and Jordan in talks of emptying Syria's Rukban refugee camp', Middle East Eye, 8 November 2018, CXBB8A1DA38097; 'Syria's remote Rukban camp receives first UN aid convoy since January', Middle East Eye, 3 November 2018, CXBB8A1DA37807; ''Just ink on paper': Assad's offer of amnesty leaves Syrian 'runaways' cold', Middle East Eye, 17 October 2018, CXBB8A1DA37835

    Reports have been located which refer to Syrians who have previously undertaken military service being required to do so again.[18] In this context, it should be noted that reports from 2018 have been found which indicate that the Syrian military is in a depleted state and that the Syrian government has gone to significant lengths to bolster its forces.[19]

    [18] 'Assad calls on Syria's Druze minority to do military service', Middle East Eye, 14 November 2018, CXBB8A1DA38688; 'Syria: Reactions against deserters and draft evaders', Landinfo, 3 January 2018, p.6, CIS7B8394110564; 'DFAT Thematic Report on Conditions in Syria', Department of Foreign Affairs and Trade (DFAT), 23 October 2017, Section 3.40, p.15, CISEDB50AD6015

    [19] 'Syria's Druze Reject Assad's Call to Serve', Agence France-Presse (AFP), 21 November 2018, CXBB8A1DA39051; 'Assad's exhausted army in need of reinforcements as Idlib battle looms', McKernan, B, The Guardian, 10 October 2018, CXBB8A1DA36590; 'Assad Is Desperate for Soldiers', Dagher, S, The Atlantic, 14 May 2018, 20190603164640

    A February 2019 Atlantic Council report referred to how the Syrian authorities were continuing to issue conscription notices to individuals, including persons who were subject to an amnesty in relation to their previous draft evasion:

    Since 2011, the Syrian regime has kept thousands of Syrian men in its military service as emergency forces—serving for an unspecified period—and refusing to discharge successive batches of army conscripts; some of whom have served for eight years in compulsory service. If they do not comply, they can be charged with a criminal offense and imprisoned for up to three years. In order to avoid fighting in the regime’s forces, Syrian youth have resorted to fleeing their country and the compulsory military service. Those who flee are considered military deserters according to Syrian law, and arrested if they return.

    However, in October of last year, Bashar al-Assad issued a legislative decree that grants a year of amnesty to defectors from the regime army and from compulsory and emergency service. It declares that the punishments for 800,000 violators of military service are dropped; including those who refused to fight in the regime’s ranks. The decree’s text reads that the general amnesty covers “the full punishment of those guilty of desertion within the country and outside of it.” However, to benefit from this decree a condition must be met: they must surrender themselves to the regime within a specified time period. The regime specified that the maximum grace period is four months for those who fled within Syria, and six months for those who fled outside the country. Otherwise, the criminal charges are not dismissed.

    Thousands of Syrian youth in the country welcomed this decree wholeheartedly, especially many whose lives had come to a complete stop after they were forced into hiding. However, their joy was brought short after the regime created a loophole in the decision and issued new lists of those summoned for emergency military service. These new lists—which contained 400,000 names of individuals who were called for emergency military service—included a large number of youths whose names had just been cleared under the amnesty.

    This issue garnered angry reactions on social media, especially from Syrian youth who were recalled for emergency service. Many felt mislead by the regime who seemed more intent on improving its international image; without actually changing how its administration operates domestically.

    Ra’id, a 35-year-old from al-Kiswah city in Damascus countryside who fled to avoid his military service, told SyriaSource, “News of the amnesty reached me, and for the first time in four years I came out of hiding and went out to the streets to get my life in order. I got my life back and could live near my children normally.”

    However, that relief was short lived for Ra’id and many others as he found himself back on conscription lists. “The situation did not last more than just seven days, after which I was re-enlisted for emergency service. I don’t want to serve in the regime army, and I don’t want to be a tool in a war I don’t believe in. I just want to live peacefully with my family.”

    A local activist in Zakiya, Damascus countryside, said to SyriaSource that the police station and mayor sent immediate mobilization cards to 506 residents aged between 28 and 38. They were to report to the local conscription office to serve their emergency military service within the regime forces’ ranks. He added that most of the names on the new list had not reported for emergency service for several months, and that the general amnesty decree cancelled their summons. This measure violates the reconciliation agreement that was reached with the towns in Damascus countryside. Hundreds of youth were summoned to serve in the regime forces outside of their areas; even though the regime had previously promised that they would serve within their areas only.[20]

    [20] 'Forced Conscription Continues Despite Amnesty by Syrian Government', Al-Jablawi, H, Atlantic Council, 13 February 2019, 20190603163142

    More information on the amnesty that was issued by President al-Assad in October 2018 can be found in the response to Question 3 below. It should be noted in this context that reports published since October 2018 have been found which refer to Syrians, who have fled areas of Syria under government control, continuing to be fearful of being conscripted into the Syrian military if they return to these areas.[21] In addition, a December 2018 Finnish Immigration Service report stated that ‘[i]n the Alawite communities of Latakia and Tartous young men are still drafted to military service, despite the heavy casualties suffered by these communities.’[22]

    [21] 'Syria urges people at camp in U.S.-protected area to return home', Reuters, 1 March 2019, 20190301104025; 'Lessons from the Syrian State's Return to the South', International Crisis Group, 25 February 2019, p.18, 20190306091503; 'Syria: Security Situation in Damascus Province and Issues Regarding Return to Syria', Danish Immigration Service and Danish Refugee Council, 21 February 2019, p.22, 20190307100821; 'Far From Home: Future Prospects for Syrian Refugees in Iraq', Danish Refugee Council, IMPACT Transforming Natural Resource Management, Norwegian Refugee Council and International Rescue Committee, 8 January 2019, pp.8, 40, 42 and 50,  20190109111728; 'Russia, US and Jordan in talks of emptying Syria's Rukban refugee camp', Middle East Eye, 8 November 2018, CXBB8A1DA38097; 'Syria's remote Rukban camp receives first UN aid convoy since January', Middle East Eye, 3 November 2018, CXBB8A1DA37807; ''Just ink on paper': Assad's offer of amnesty leaves Syrian 'runaways' cold', Middle East Eye, 17 October 2018, CXBB8A1DA37835

    [22] 'Syria: Fact-Finding Mission to Beirut and Damascus, April 2018 - Syrian pro-government armed groups and issues related to freedom of movement, reconciliation processes and return to original place of residence in areas controlled by the Syrian government', Finnish Immigration Service, 14 December 2018, p.20, 20190205160905

    Reports have been located which refer to Syrians who have previously undertaken military service being required to do so again. A November 2018 Middle East Eye report stated that:

    Before the war began, Syrian men aged 18 and older had to serve up to two years in the army, after which they became reserves available for call-up in times of crisis.

    In the past seven years, fatalities, injuries and defections are estimated to have halved the once 300,000-strong army.

    To compensate, the force has relied on reservists and militias as well as indefinitely extending military service for young conscripts.[23]

    [23] 'Assad calls on Syria's Druze minority to do military service', Middle East Eye, 14 November 2018, CXBB8A1DA38688

    A January 2018 Landinfo report also stated that ‘[t]hose who have previously performed military service can be called to the reserve service/repetition service.’[24] In its October 2017 Thematic Report on Conditions in Syria, the Department of Foreign Affairs and Trade (DFAT) also stated that the Syrian government ‘continues to send conscription notices to individuals in areas under its control and has the will and capacity to arrest those who do not comply.’ DFAT also reported that ‘individuals who have previously completed their military conscription are being re-conscripted as the conflict has continued and the government has needed to bolster its forces.’[25]

    [24] 'Syria: Reactions against deserters and draft evaders', Landinfo, 3 January 2018, p.6, CIS7B8394110564

    [25] 'DFAT Thematic Report on Conditions in Syria', Department of Foreign Affairs and Trade (DFAT), 23 October 2017, Section 3.40, p.15, CISEDB50AD6015

    In addition, it should be noted that a number of reports from 2018 have been located which indicate that the Syrian government has been going to significant lengths to obtain new personnel for its military. For example, a November 2018 Agence France-Presse (AFP) report referred to attempts by the Syrian government to persuade the Druze minority, who had previously been exempted from conscription, to undertake military service due to a need for new manpower in the Syrian military:

    ​Nearly eight years into the Syrian war, Selim still refuses to perform his military service, just like many fellow Druze from Sweida province rejecting the regime's conscription call.

    "I don't want to get involved in the Syrian bloodbath," said the 27-year-old, who gave a pseudonym for fear of reprisals.

    The Sweida region south of Damascus is the Syrian heartland of the country's Druze minority which follows a secretive offshoot of Islam

    After the anti-government protests that sparked Syria's war in 2011, the Druze obtained a de facto exemption from military service in exchange for their tacit support of the regime.

    Last week however, President Bashar al-Assad urged the minority, which accounted for around three percent of Syria's pre-war population, to send its young men to the army.

    After rotating out some very long-serving conscripts, the regime is looking for fresh blood to beef up its ranks and exercise real control over the swathes of land it reconquered from insurgents and jihadists.

    Assad's appeal came after the government helped release, earlier this month, a large group of Druze civilians who had been taken hostage by the Islamic State group in Sweida.

    His call appeared to terminate a deal whereby the Druze were allowed to organise their own militia rather than serve in the army, but its implementation could prove tricky.

    …"I don't want to have to kill the people of Hama, the people of Homs or any other province, for the sake of keeping one man in power," Selim told AFP by phone from Sweida.

    "The army is your grave," said the young man, explaining that the lack of a time limit on conscription during war means recruits will not be able to know when they can return home.

    To be on the safe side, Selim never leaves Sweida, a province in southern Syria that borders Jordan and where the Syrian security services have a limited presence.[26]

    [26] 'Syria's Druze Reject Assad's Call to Serve', Agence France-Presse (AFP), 21 November 2018, CXBB8A1DA39051

    In addition, an October 2018 report from The Guardian referred to ‘Syria’s depleted and demoralised army’ and stated that ‘[c]asualties, desertions and draft dodging have taken a heavy toll.’[27] The report also referred to the measures being taken by the Syrian government in an attempt to reinforce its military:

    [27] 'Assad's exhausted army in need of reinforcements as Idlib battle looms', McKernan, B, The Guardian, 10 October 2018, CXBB8A1DA36590

    The regime is so desperate for new recruits that this summer, as the final battle for Idlib loomed, the state changed the rules for passing university exams without first telling students, in an effort to drag male students into the armed forces.

    A female student in Damascus said that 70% of her year group of 300 failed their exams this summer, many of them on purpose, in order to delay military service. The usual amnesty period to resit the year was scrapped without notice, however, and now her male friends are at risk of being drafted.[28]

    [28] 'Assad's exhausted army in need of reinforcements as Idlib battle looms', McKernan, B, The Guardian, 10 October 2018, CXBB8A1DA36590

    A May 2018 report from The Atlantic also stated that:

    When protests against the Assad regime began in 2011, the Syrian army numbered about 250,000. But tens of thousands of defections, desertions, and mass casualties over more than seven years of conflict have gutted the military. While its current size is unknown, one thing is clear: Assad is now going to great lengths to reconstitute his forces. The problem is that few Syrians want to fight for him.[29]

    [29] 'Assad Is Desperate for Soldiers', Dagher, S, The Atlantic, 14 May 2018, 20190603164640

    What happens to persons who do not comply?

    Draft evasion is a criminal offence in Syria.[30] Under Syria’s Military Penal Code, the penalty for evading compulsory military service is imprisonment for one to six months.[31] The penalty for evading this service in wartime is imprisonment for up to five years.[32] While the imprisonment of draft evaders has been reported,[33] reports have been found which indicate that persons who evade military service and are arrested for doing so are usually sent directly to the military to undertake their service rather than being imprisoned.[34] Draft evaders have reportedly been deployed to a frontline position within days or weeks of their arrest, often with only minimal training,[35] and subjected to violence from their superiors.[36] It has also been reported persons who avoid compulsory military service have been subject to fines or seizure of assets.[37] Draft evaders are also reported to have been the subject of mistreatment from the Syrian security and intelligence forces which include arrest, detention, beatings, torture and disappearance.[38]

    [30] 'Unpacking Return: Syrian Refugees’ Conditions and Concerns', Mhaissen, R and Hodges, E, SAWA for Development and Aid, 6 February 2019, p.30, 20190503113916; 'International Protection Considerations with regard to people fleeing the Syrian Arab Republic, Update V', United Nations High Commissioner for Refugees (UNHCR), 3 November 2017, p.39, UNAEEA59416

    [31] 'Law No. 61 of 1950, as amended (Military Penal Code)', Syrian Arab Republic, 16 February 2017, p.1, 20190607112450; 'Syria: Reactions against deserters and draft evaders', Landinfo, 3 January 2018, p.8, CIS7B8394110564

    [32] 'Law No. 61 of 1950, as amended (Military Penal Code)', Syrian Arab Republic, 16 February 2017, p.1, 20190607112450; 'Unpacking Return: Syrian Refugees’ Conditions and Concerns', Mhaissen, R and Hodges, E, SAWA for Development and Aid, 6 February 2019, p.30, 20190503113916; 'Syria: Reactions against deserters and draft evaders', Landinfo, 3 January 2018, p.8, CIS7B8394110564

    [33] 'The Mobility of Displaced Syrians: An Economic and Social Analysis', The World Bank, 6 February 2019, p.74, 20190215104519

    [34] 'Unpacking Return: Syrian Refugees’ Conditions and Concerns', Mhaissen, R and Hodges, E, SAWA for Development and Aid, 6 February 2019, p.30, 20190503113916; 'Syria: Reactions against deserters and draft evaders', Landinfo, 3 January 2018, p.8, CIS7B8394110564

    [35] 'International Protection Considerations with regard to people fleeing the Syrian Arab Republic, Update V', United Nations High Commissioner for Refugees (UNHCR), 3 November 2017, p.40, UNAEEA59416

    [36] 'Syria: Reactions against deserters and draft evaders', Landinfo, 3 January 2018, p.8, CIS7B8394110564

    [37] 'The Mobility of Displaced Syrians: An Economic and Social Analysis', The World Bank, 6 February 2019, p.74, 20190215104519

    [38] 'Syria: Reactions against deserters and draft evaders', Landinfo, 3 January 2018, p.8, CIS7B8394110564; 'International Protection Considerations with regard to people fleeing the Syrian Arab Republic, Update V', United Nations High Commissioner for Refugees (UNHCR), 3 November 2017, pp.39-41, UNAEEA59416; 'DFAT Thematic Report on Conditions in Syria', Department of Foreign Affairs and Trade (DFAT), 23 October 2017, Section 3.40, p.15, CISEDB50AD6015

    President Bashar al-Assad issued a decree in October 2018 which granted amnesty to all Syrian men inside and outside Syria who had evaded compulsory military service. This did not, however, eliminate their obligation to perform this service, but only freed them from the consequences of having previously evaded it if they reported for service within a set period of time (four months for persons inside Syria, six months for persons outside Syria).[39]

    [39] 'Syria: Security Situation in Damascus Province and Issues Regarding Return to Syria', Danish Immigration Service and Danish Refugee Council, 21 February 2019, pp.29-30, 20190307100821; 'Forced Conscription Continues Despite Amnesty by Syrian Government', Al-Jablawi, H, Atlantic Council, 13 February 2019, 20190603163142

    Article 98 of the Law No. 61 of 1950, or the Military Penal Code, outlines the applicable punishment for evading compulsory military service during peacetime:

    1) Any person subject to military service who has not responded to the call at times of peace within one month from the date of the call and escaped prior to joining his squad shall be punished by imprisonment from one month to six months.

    2) The punishment shall be decreased by half for those who enrol voluntarily within one month from the deadline date for their enrolment.

    3) The absentees shall be distributed to their units to fulfil their due military service, taking into account the Law of Military Service.[40]

    [40] 'Law No. 61 of 1950, as amended (Military Penal Code)', Syrian Arab Republic, 16 February 2017, p.1, 20190607112450

    Article 99 of the Military Penal Code outlines the applicable punishments for evading compulsory military service during wartime:

    1) Any person subject to military service who has not responded to the call at times of war or enrolled and escaped prior to joining his squad, shall be punished as follows:

    A. Imprisonment from one month to six months if enrolled within seven days from the enrolment deadline.

    B. Imprisonment from four months to two years if arrested within seven days from the enrolment deadline.

    C. Imprisonment from six months to two years if returned during three months following the above seven days.

    D. Imprisonment from one to three years if arrested during the three months following the above seven days.

    E. Arrest from three to five years if returned voluntarily after three months and temporary arrest if arrested after three months.

    2) The absentees shall be taken to their units to fulfil their military service as required, subject to the Military Service Law.[41]

    [41] 'Law No. 61 of 1950, as amended (Military Penal Code)', Syrian Arab Republic, 16 February 2017, p.1, 20190607112450

    A February 2019 SAWA for Development and Aid[42] report provided the following information regarding the consequences for persons who evade being drafted into wartime military service in Syria:

    [42] According to its website, SAWA for Development and Aid is based in Beirut, Lebanon and ‘is a Civil Society Organisation (CSO) initially founded in December 2011 as a spontaneous response in December to the arrival of the first 40 Syrian families displaced from Syria into the North of Lebanon.’ It describes its ‘vision’ as being ‘of Syrians supporting one another to build a just, civic, and democratic Syria.’ In addition, it describes its mission as being to ‘provide holistic and integrated support to individuals, through sharing skills, knowledge, and resources; encouraging each other to self-organize to build strong and vocal communities; fostering networks of solidarity; and mobilizing for collective action at local and international levels.’ See

    According to the Syrian Military Penal Code, wartime draft evasion is a criminal offense, punishable by up to 5 years in prison. In practice, draft dodgers are more often immediately conscripted and sent to service at the front rather than serving prison time.[43]

    [43] 'Unpacking Return: Syrian Refugees’ Conditions and Concerns', Mhaissen, R and Hodges, E, SAWA for Development and Aid, 6 February 2019, p.30, 20190503113916

    A February 2019 World Bank report provided the following information regarding the consequences of evading military service in Syria:

    Concerns about the mandatory military conscription for men aged 18-42 remained in place by mid-2018. This policy not only drove the departure of many young men and their families from Syria in the first place, it actively discouraged their return. Recent legislation has further complicated this issue. As of 2017, fines of up to $8,000 could be levied on male youth that do not register for military service within three months of turning 18. The law is retroactive and those that fled Syria before 2017 may be fined and required to fulfil their service obligation. Those that refuse military service may be imprisoned for one year and pay the equivalent of $200 for each year after the starting date of their original conscription period as a penalty. If returnees are unable to pay these fines, assets may be seized until payments are made in full. The prospect of military service, large fines, and the seizure of assets is one of the key obstacles keeping many young men and their families in exile. By the time of this report’s preparation, some amendments to these policies were anticipated but were not announced/implemented yet.[44]

    [44] 'The Mobility of Displaced Syrians: An Economic and Social Analysis', The World Bank, 6 February 2019, p.74, 20190215104519

    A January 2018 Landinfo report provided the following information regarding the penalties that apply under Syrian law for evading military service:

    The 1960[45] Military Criminal Code, revised in 1973, stipulates the penalties for evading military service. In peacetime, those who do not attend for service can be punished with a prison sentence of from one to six months. Then, they must serve their full military service. Those who report voluntarily within 30 days after they should have attended service, have their sentences reduced by half. In wartime, the penalty for failing to attend for military service is up to five years in prison depending on the circumstances. After serving the sentence, the person must complete his military service (Military Criminal Code 1950, Arts 98-99). In June 2012, President Assad declared that Syria was in a state of war (Al Jazeera 2012).[46]

    [45] This date is an error in the text of the Landinfo report. As noted above, the Military Penal Code was actually introduced in 1950.

    [46] 'Syria: Reactions against deserters and draft evaders', Landinfo, 3 January 2018, p.8, CIS7B8394110564

    The Landinfo report also, however, noted that the manner in which draft evaders are treated in practice can differ from what is provided for under Syrian law:

    In practice, the law’s provisions are not consistently followed. Those arrested are usually sent directly to the military. Various sources that Landinfo has spoken to in Damascus indicate that those who have evaded service and are arrested are sent to compulsory military service without having to serve a prison sentence (Syrian civil society organisation 2, meeting in May 2016; Syrian local employee in an international organisation, meeting in May 2017). Often they are sent for a short stay at a recruitment school and then directly to service at the front (The New Arab 2017; UNHCR 2017b, pp. 39-40). Sources interviewed by the Danish immigration authorities in the spring of 2017 were also of the opinion that that those arrested after having evaded service were usually sent to military service, while deserters were often given stricter sentences (Danish Refugee Council & Danish Immigration Service & 2017, p. 13.).

    However, some people may also be given different penalties, depending on the circumstances. Draft evaders may risk being arrested by one of the intelligence services, even though most of them are sent directly to military service. Some are beaten up and subjected to torture. Some disappear. Some persons face various forms of punishment in the military, including being subjected to violence from their superiors. However, this depends on the officers in the relevant department (Danish Refugee Council & Danish Immigration Service 2015, p. 18; military adviser to the UN Commission on Inquiry for Syria, meeting in October 2014; Syrian local employee in an international organisation meeting in May 2017; UNHCR 2017b, p. 40).[47]

    [47] 'Syria: Reactions against deserters and draft evaders', Landinfo, 3 January 2018, p.8, CIS7B8394110564

    In a November 2017 advisory, the United Nations High Commissioner for Refugees (UNHCR) provided the following information about the treatment of persons who avoid compulsory military service in Syria:

    In Syria, draft evasion is a criminal offence. Independent observers note that draft evasion is likely considered by the government as a political, anti-government act, which may lead to punishment of the person who attempted to evade the draft beyond the relevant sanctions for the criminal offence of draft evasion, including harsher treatment during arrest, interrogation, detention and, once deployed, during military service. In practice, rather than facing criminal sanctions (imprisonment) under the Military Penal Code, draft evaders are reportedly deployed to a frontline position within days or weeks of their arrest, often with only minimal training.

    As a result of high rates of draft evasion, desertions, and casualties, the army and security agencies have reportedly intensified their efforts to conscript Syrian men and to mobilize reservists. In addition, efforts have reportedly been stepped up to identify and arrest draft evaders, including at mobile and fixed checkpoints, during raids, house searches and searches on public transportation. In areas retaken by government forces from anti-government armed groups, men of mandatory military service or reserve duty age have reportedly been arrested in large numbers for the purpose of conscripting them into the army. Draft evaders in detention face a risk of torture and other forms of ill-treatment, a practice reported to be endemic in Syria.[48]

    [48] 'International Protection Considerations with regard to people fleeing the Syrian Arab Republic, Update V', United Nations High Commissioner for Refugees (UNHCR), 3 November 2017, pp.39-41, UNAEEA59416

    As noted, the Department of Foreign Affairs and Trade (DFAT) stated in its October 2017 Thematic Report on Conditions in Syria that the Syrian government ‘continues to send conscription notices to individuals in areas under its control and has the will and capacity to arrest those who do not comply.’[49]

    [49] 'DFAT Thematic Report on Conditions in Syria', Department of Foreign Affairs and Trade (DFAT), 23 October 2017, Section 3.40, p.15, CISEDB50AD6015

    It should be noted, however, that a presidential decree was issued in October 2018 which granted amnesty to all Syrian men inside and outside Syria who had evaded compulsory military service, although this did not eliminate their obligation to perform it. A February 2019 Danish Immigration Service and Danish Refugee Council report provided the following information in relation to this amnesty:

    The Presidential Decree No. 18 of 9 October 2018 grants amnesty for all Syrian men inside and outside Syria who have evaded the military service or have deserted the army, provided that they report for duty within four months (if they reside inside Syria) and six months (if they reside abroad). The decree does not eliminate their obligation to perform compulsory military service, and the pardoned evaders and deserters, thus, still have to conduct their military service upon reporting. According to an international organisation in Syria, the pardoned individuals can obtain all civil documents, including passport when they have had their status cleared, however, they will not be allowed to occupy positions within the government.

    On 28 October 2018, a circular was issued by the Ministry of Defence and then passed to the Ministry of the Interior and the Military Police. According to the circular, which is a document to implement Presidential Decree 18/2018, the arrest of reservists who have evaded the military service is prohibited and names of reservists wanted for active duty are dropped. However, those reservists, whose names are dropped, can still be called up again in the event of war or a state of emergency. Some estimates that the decision to drop the names of reservists will affect up to 800.000 individuals who have either left the country or remain hidden inside of Syria. In the formal statements, the government made a point to emphasize that this circular was sent to border authorities in order to assure refugees that they will not be detained upon return to Syria if they were previously wanted for reservist service in the Syrian Arab Army.

    It was COAR’s assessment that very few individuals would be interested in capitalizing on the general amnesty granted through Decree 18. There are several reasons for this. Firstly, the amnesty does not free one from the conscription obligation, but only from the consequences attached of having dodged or deserted one’s duty, i.e. payment of a fine and jail time. Secondly, decrees in Syria are never published with executive guidance on their applicability and scope, which leaves them open for interpretation. There are currently ongoing discussions between different ministries regarding the scope of the decree and it seems that there is not yet a clear understanding about which groups are eligible for the amnesty. A clear understanding and an established practice regarding the scope of such decrees will often first be seen after at least a year has passed, which is why such decrees initially are met with reluctance by most individuals. Thirdly, there is still an inherent resistance to be conscripted among young men as the conscription obligation is viewed as a risk of being involved and killed in the conflict. Finally, the salary paid by the Syrian government to the soldiers amounts to a mere 40 USD a month, which is not a sufficient amount for those wanting to be able to support their families.

    Two sources mentioned that since prior decrees and reconciliation agreements had proved to be ineffective and not respected by the government, and that there was scepticism among Syrians regarding the enforcement of Decree no. 18/2018. An international security organisation (1) expressed scepticism on implementation of Decree 18 by referring to previous decrees on amnesty from military service, which according to the source, had only offered temporary respite. The source considered that the extent to which the government respected such decrees would depend on its need for man-power.[50]

    [50] 'Syria: Security Situation in Damascus Province and Issues Regarding Return to Syria', Danish Immigration Service and Danish Refugee Council, 21 February 2019, pp.29-30, 20190307100821

    As noted above, a February 2019 Atlantic Council report refers to persons who had previously evaded military service and were subject to the October 2018 amnesty being conscripted for military service at a later date.[51]

    [51] 'Forced Conscription Continues Despite Amnesty by Syrian Government', Al-Jablawi, H, Atlantic Council, 13 February 2019, 20190603163142

    What is the current upper age limit for conscription?

    Although the official age range under Syrian law for compulsory military service is between the ages of 18 and 42,[52] reports have been found which refer to persons over the age of 42 being conscripted into military service.[53]

    [52] 'Unpacking Return: Syrian Refugees’ Conditions and Concerns', Mhaissen, R and Hodges, E, SAWA for Development and Aid, 6 February 2019, p.30, 20190503113916; 'Syria: Security Situation in Damascus Province and Issues Regarding Return to Syria', Danish Immigration Service and Danish Refugee Council, 21 February 2019, p.17, 20190307100821; 'The Mobility of Displaced Syrians: An Economic and Social Analysis', The World Bank, 6 February 2019, p.16, 20190215104519; 'Syria: Fact-Finding Mission to Beirut and Damascus, April 2018 - Syrian pro-government armed groups and issues related to freedom of movement, reconciliation processes and return to original place of residence in areas controlled by the Syrian government', Finnish Immigration Service, 14 December 2018, p.6, 20190205160905; 'Syria’s Transactional State: How the Conflict Changed the Syrian State’s Exercise of Power', Khatib, L and Sinjab, L, Chatham House, 10 October 2018, p.13, 20190221165412; 'The Politics of Post-Conflict Reconstruction', The Project on Middle East Political Science (POMEPS), 7 September 2018, p.6, CIS7B8394110481

    [53] 'Syria: Fact-Finding Mission to Beirut and Damascus, April 2018 - Syrian pro-government armed groups and issues related to freedom of movement, reconciliation processes and return to original place of residence in areas controlled by the Syrian government', Finnish Immigration Service, 14 December 2018, p.6, 20190205160905; 'EASO COI Meeting Report - Syria', European Asylum Support Office (EASO), March 2018, pp.38-39, CIS7B83941754; 'DFAT Thematic Report on Conditions in Syria', Department of Foreign Affairs and Trade (DFAT), 23 October 2017, Section 3.40, p.15, CISEDB50AD6015

    Reports have been located which refer to the official age range for compulsory military service in Syria. A February 2019 SAWA for Development and Aid report stated that ‘[u]nder current Syrian law, mandatory military service for men between the ages of 18 and 42.’[54] A February 2019 Danish Immigration Service and Danish Refugee Council report referred to ‘the obligatory military age (18-42)’.[55] A February 2019 World Bank report also referred to ‘mandatory military conscription for men aged 18-42’.[56] A December 2018 Finnish Immigration Service report also stated that:

    [54] 'Unpacking Return: Syrian Refugees’ Conditions and Concerns', Mhaissen, R and Hodges, E, SAWA for Development and Aid, 6 February 2019, p.30, 20190503113916

    [55] 'Syria: Security Situation in Damascus Province and Issues Regarding Return to Syria', Danish Immigration Service and Danish Refugee Council, 21 February 2019, p.17, 20190307100821

    [56] 'The Mobility of Displaced Syrians: An Economic and Social Analysis', The World Bank, 6 February 2019, p.16, 20190215104519

    The military service in the Syrian Arab Army (from here on simply the Syrian army) is compulsory under the Syrian military service law and based on involuntary draft. The legal framework for the official military service sets the service age from 18 to 42.[57]

    An October 2018 Chatham House report stated that the Syrian army ‘has raised the maximum age for voluntary conscription to 42, and is conducting forced conscription.’[58] A September 2018 report by The Project on Middle East Political Science (POMEPS) also referred to ‘the extension of the military conscription law’ by the Syrian government ‘that will see every male between the ages of 18 and 42 join the military or pay hefty fines beyond their economic means.’[59]

    There are also reports available, however, which refers to persons over the age of 42 having been conscripted into military service in Syria. For example, the aforementioned December 2018 Finnish Immigration Service report states that:

    The criteria for compulsory military service have evolved during the course of the conflict. This process is discussed to a certain extent by the interlocutors. The information received can be considered to be in agreement with the conference room paper of the Independent International Commission of Inquiry on the Syrian Arab Republic on the siege of eastern Ghouta according to which the Syrian government forces consider men as young as 15 or 16 and as old as 55 to be of “fighting-age” and therefore susceptible to military recruitment during the reconciliation process.

    …According to some sources, in practice, the age limit for military service/ reserve duty has been increased and people in their late 40’s and early 50’s and as old as 55 have been forced to sign up.15 Syrian Expert on Syria states that the age limit is dependent on the governments mobilising efforts and local developments rather than on the universal draft. The source also notes that Syrian authorities are usually following younger people (between 18 and 27 years of age) more closely while the people who are older manage to avoid the recruitment more easily.[60]

    A March 2018 European Asylum Support Office (EASO) report included information that had been provided by Christopher Kozak of the Institute for the Study of War (ISW) in response to a question regarding whether he was ‘aware of any confirmed change that would see recruitment past the age of 42’.[61] In response, Kozak stated that:

    I have not personally seen any change to the maximum age of military service at 42. I haven’t seen it formally. There have been rumours of arbitrary recruitment beyond that age, but as for any announced change by a relevant authority – I have not found it. One of the other things that I have not found is the renewal on the general amnesty law that had been renewed in 2016 and set to expire in the spring of 2017. This law was the overall amnesty decree that authorized a general amnesty, and local amnesties, for individuals who want to put down their weapons and return to the fold of the state. I haven’t found any formal decree extending that amnesty. What I suspect is that the government is moving towards more local reconciliations and thus the general amnesty is perhaps seen as less necessary at this stage of the conflict. The regime seems to be shifting more to local amnesties, which can be respected to a varying degree depending on how the regime decides to respect it. Similarly, I haven’t seen a formal change in the exemption ages. There have been changes that I’ve seen in the cost of deferral for individuals who travel abroad – but not formal changes in the age of recruitment, that I have seen. There might have been such changes but I haven’t seen them. We nonetheless do see some individuals recruited outside the age of 42. We see this especially in the specialty occupations – particularly among individuals with a specialisation in their military booklet such tank or artillery operators – tasks that are more specialised and harder to train. There have been reports of people both older and younger than the benchmarks being conscripted.[62]

    In its October 2017 Thematic Report on Conditions in Syria, the Department of Foreign Affairs and Trade (DFAT) provided the following information which referred to persons up to the age of 50 being conscripted into the Syrian military:

    3.40 The government continues to send conscription notices to individuals in areas under its control and has the will and capacity to arrest those who do not comply. Conscription has traditionally applied to males between the age of 18 and 42. In-country contacts report that the upper age limit has been raised to 50 and that individuals who have previously completed their military conscription are being re-conscripted as the conflict has continued and the government has needed to bolster its forces.[63]

    FINDINGS AND REASONS

    [57] 'Syria: Fact-Finding Mission to Beirut and Damascus, April 2018 - Syrian pro-government armed groups and issues related to freedom of movement, reconciliation processes and return to original place of residence in areas controlled by the Syrian government', Finnish Immigration Service, 14 December 2018, p.6, 20190205160905

    [58] 'Syria’s Transactional State: How the Conflict Changed the Syrian State’s Exercise of Power', Khatib, L and Sinjab, L, Chatham House, 10 October 2018, p.13, 20190221165412

    [59] 'The Politics of Post-Conflict Reconstruction', The Project on Middle East Political Science (POMEPS), 7 September 2018, p.6, CIS7B8394110481

    [60] 'Syria: Fact-Finding Mission to Beirut and Damascus, April 2018 - Syrian pro-government armed groups and issues related to freedom of movement, reconciliation processes and return to original place of residence in areas controlled by the Syrian government', Finnish Immigration Service, 14 December 2018, p.6, 20190205160905

    [61] 'EASO COI Meeting Report - Syria', European Asylum Support Office (EASO), March 2018, p.38, CIS7B83941754

    [62] 'EASO COI Meeting Report - Syria', European Asylum Support Office (EASO), March 2018, pp.38-39, CIS7B83941754

    [63] 'DFAT Thematic Report on Conditions in Syria', Department of Foreign Affairs and Trade (DFAT), 23 October 2017, Section 3.40, p.15, CISEDB50AD6015

    Country of reference

1. Based on the available evidence which includes a photocopy of a Syrian passport, the Tribunal accepts for the purposes of this review that the applicant is a Syrian national and has assessed his claims against Syria.

2. Based on the oral and documentary evidence provided the Tribunal accepts the applicant is [an age] year old, Alawite from Tartous, Syria.  The Tribunal accepts he lived in Lebanon from about 2000 to 2006 before travelling to Australia in 2007 on a [temporary] visa.   Thereafter the Tribunal accepts he returned to Tartous but travelled between Tartous and Lebanon between 2007 and 2009 before returning to Australia on a Prospective Marriage visa. The Tribunal accepts the applicant completed his compulsory military service in Syria when he was a young man and that he is a member of the Syrian reserve forces. 

   Was the applicant required to re-join the army about four or five years ago?

3. The applicant claims he has evaded military service in Syria and will be arrested and jailed and/or sent to fight in the war if he returns.  He claims that his sister was informed about four or five years ago that he was required to present for military duty.  He informed the delegate that his sister received a letter telling him to return to Syria and join the army.  During the first Tribunal hearing the applicant reiterated his evidence that his sister received a letter in respect of his military obligations about four or five years ago.  He initially indicated that the documentation was sent to his sister’s home address because he did not have an official residence of his own.  He later said that his sister needed to obtain a police clearance certificate which is issued by a department linked to military recruitment and when she presented at that office she was informed that he was required to fulfil military service.  He maintained that every single eligible Syrian citizen received such a notification during the war.  At odds with both of these accounts, his representative submitted that no correspondence was ever issued to the applicant; rather there was a recruitment round based on year of birth which captured the applicant.

4. Based on the country information which is outlined above the Syrian standing army has been depleted since the war broke out in 2011 due to desertion, defection to armed insurgency groups and failure of persons to report for compulsory military service.  This has resulted in remedial measures by the authorities to bolster the size of the armed forces including refusing demobilisation for persons in active service and more reservists being called back into active service.  The Syrian authorities have also actively searched for deserters and draft evaders.  There are reports of persons over the age of 42 (the official age for conscription is 18-42 years) being conscripted into military service although some sources note that the Syrian authorities usually follow up younger people while older people manage to avoid the recruitment more easily.  It is also reported that recruitment of persons outside the age of 42 has occurred and some sources suggested that this is more likely in speciality military occupations. 

5. According to a source quoted in the abovementioned 2018 EASO report, conscripts are recruited into military service through written directives that get sent to the conscripts themselves at their home or posted.  The source quoted states that this process still exists in that there is still a formal state mechanism to do that.  That said, the source acknowledges that parallel processes of recruitment are utilised such as raids and checkpoints.  The 2018 Landinfo report also refers to the use of checkpoints and search and arrest campaigns for those who do not attend for conscription.  The report states that during the war, security forces carried out a large number of house searches and arrest campaigns.  DFAT’s 2017 report also states that the government continues to send conscription notices to individuals in areas under its control.

6. The applicant has not produced a written conscription notice.   During the hearing the Tribunal questioned the submissions made in this regard and referenced DFAT’s advice regarding the issuing of conscription notices.  The applicant’s representative refuted this reporting, insisting that the authorities go door to door looking for conscripts.  Based on the above country information the Tribunal prefers the view that the applicant would have been sent some form of conscription notice if he was indeed called up for further military service over the verbal submission of the applicant’s representative that no conscription notices are issued.  

7. An additional concern is the applicant’s differing account of the method of notification of his military obligations.  On the one hand the applicant has claimed on several occasions that a letter was sent to his sister.  On the other hand he claims his sister was personally informed of his obligations when she presented at a government department for an unrelated reason.  Also, the Tribunal finds the claim that his sister’s application for a police clearance certificate somehow alerted the authorities to the fact that her brother who has been absent from Syria since 2009 had been recalled for military service to be far-fetched and unconvincing.  

8. After the second Tribunal hearing the applicant produced a translated certificate from the Army and Armed Forces Headquarters, Directorate General of Conscription, Tartous Conscription Centre, dated [July] 2019.  This certificate states that the reserve records show that the applicant completed his compulsory military service and is now required to do reserve service.  Further it states that the certificate was given to the applicant upon his request for the purpose of obtaining citizenship.  It states that he is not allowed to (travel/marriage ……).

9. In respect of the above, the Tribunal notes that the original documentation appears to be nothing more than a handwritten note on a blank piece of paper.  It bears no hallmarks of an official document.  The Tribunal concludes that the reference to the applicant obtaining citizenship relates to his intentions to remain in Australia and the Tribunal is unconvinced that the Directorate General of Conscription would issue the applicant with such a certificate for this reason in the circumstances.  The Tribunal considers that if the Syrian government was intent on getting the applicant to return home to undertake reserve service it would not be facilitating any possible applications made by the applicant to remain abroad.  Also, the Tribunal finds it problematic the applicant would reveal himself and/or his intentions to the armed forces as it is the Syrian authorities that he claims to fear harm from.  The Tribunal is not persuaded the applicant would willingly bring himself to the attention of the authorities under these circumstances. The Tribunal has considered this evidence but for these reasons has not given it any weight in deciding this matter. 

10. The Tribunal accepts, based on the above country information that the Syrian government has recalled reservists for active duty as a strategy to bolster the strength of its army.   However, as discussed with the applicant at hearing, it is not persuaded on its reading of the above reports, that each and every reservist has been recalled as is asserted by the applicant.  Based on the available evidence the applicant would have been around age forty when he was instructed to present for military service.  While the Tribunal acknowledges he would have still been in the official age range for military service at the time, the above information also suggests that the authorities took a more active interest in recruiting younger people into the military.  As noted, one source quoted above indicates the older people who were called up were more likely to be people with specialist skills in their military history.  Furthermore, the Tribunal notes that the applicant departed Syria, in a manner known to the authorities, in 2009, before the war commenced.  In the circumstances the Tribunal is not persuaded that the authorities would have taken active measures to conscript him back into the army knowing that he remained abroad.

11. The Tribunal has had regard to the applicant’s claim that his brothers were also issued with a demand to present for army duty but when questioned about the timing of their departure from Syria to Lebanon he could not say whether this occurred before or after the notifications were issued.  The Tribunal is not persuaded on the available evidence that the applicant’s brothers are living in Lebanon due to them being required to present for military service in Syria.  The Tribunal does not consider their presence in Lebanon aids the applicant’s case in the circumstances.

12. Also of concern to the Tribunal is the timing and circumstances of his protection visa application.  The applicant maintains that he only learnt about the notice after he was released from prison about six months ago.  He said this is because he was estranged from his family from about 2012 until six months ago due to his drug use and imprisonment.  He said it is only since being in immigration detention that his relationship with his family has improved.  When the Tribunal put it to the applicant that the delegates decision indicates he raised no fears of returning to Syria when interviewed by a compliance officer in January 2019 he said he hadn’t yet been informed about the notice.  His representative submitted that she took a statement from the applicant in March 2019 and by then the circumstances were known to him.

13. The delegate’s decision indicates the applicant was detained on 11 January 2019 and he lodged an application for a Protection visa about two months later on 29 March 2019.  The Tribunal accepts the applicant’s personal circumstances could have contributed to a rift between him and his family.  However, the Tribunal finds it convenient that after many years of estrangement from his family he reconnected with them shortly after being put into immigration detention and found out about his re-conscription.  

14. Taking into account all the circumstances, the Tribunal is of the view the applicant has fabricated the claim that he has evaded a call up for military conscription in order to apply for a Protection visa to remain in Australia with his children.  The Tribunal does not accept that the applicant was recalled for military service by the Syrian authorities four or five years ago as claimed.  It follows that the Tribunal does not accept he has evaded any military service responsibilities or that there is a real chance that his name is on a list of wanted persons or that he will be arrested, jailed or sent to fight in the war if he returns to Syria for this reason.  

    Will the applicant be required to re-join the army if he returns to Syria now or in the reasonably foreseeable future?

15. Notwithstanding the above finding, the above country information indicates that the Syrian government is continuing to send conscription notices to individuals including Syrians who have previously undertaken military service and persons who were subject to an amnesty in relation to previous draft evasion.   This includes men from the Alawite communities of Latakia and Tartous although it is noted that reports in this respect reference the targeting of young men.  Further, it continues to be reported that the authorities are keeping thousands of Syrian men in its military service, serving for an unspecified period and refusing to discharge successive batches of army conscripts.

16. That said, as discussed with the applicant at hearing country information indicates that following the July 2018 offensive, the Syrian government now controls around 60 percent of Syria including nearly all of the southern areas of the country.  Government forces also control most major urban centres. [64]  IS has lost most of its territory in Syria and no longer controls any major cities.[65] The numbers of civilians killed in the war has decreased to its lowest level since the start of the war dropping from a high of 6,657 in May 2015 to 139 in September 2018.[66] Notwithstanding the above the Tribunal accepts the security situation in certain parts of the country continues to be dangerous and that the potential remains for the situation to deteriorate again.  As such the Tribunal acknowledges that the strength of its standing army is likely to remain a focus of the Syrian authorities for the foreseeable future.

    [64] Syrian government forces seal victory in southern territories, Guardian, 31 July 2018

    [65] Syrian army advances against Islamic State in Southeastern desert, Reuters, 19 November 2018

    [66] Civilian deaths in September Lowest in Syrian War, agence France Presse – France, 1 October 2018

17. In assessing whether there is a real chance the applicant will be recalled for military service now or in the reasonably foreseeable future, the Tribunal has placed weight on the fact he has now turned forty-five and is outside the official age range for conscription.  The Tribunal notes a Finnish Immigration Service report from 2018 which indicates that while some people in their late forties and early fifties have been forced to sign up a Syrian expert is quoted as saying that the age limit is dependent on the governments mobilising efforts and local developments rather than on the universal draft.  The source also notes that Syrian authorities are usually following younger people (between 18 and 27 years of age) more closely.[67]  The Tribunal finds this opinion persuasive and has placed weight on it.  The Tribunal considers that at this stage of the conflict the authorities are less likely to concentrate their efforts on recruiting older reservists such as the applicant.

    [67] Syria: Fact Finding Mission to Beirut and Damascus, April 2018 – Syrian pro-government armed groups and issues related to freedom of movement, reconciliation processes and return to original place of residence in areas controlled by the Syrian government, Finish Immigration Service, 14 December 2018

18. Further, the applicant has no specialist military or other skills likely to increase the chances of him being recalled for service outside of the age of forty-two.  When the latter issue was discussed with him at hearing he opted not to comment.    Also as noted above, the Tribunal is not satisfied on its reading of the country information that all reservists were or are continuing to be called upon to re-join the army or indeed that the applicant was recalled for military service some four or five years ago when the conflict was at a more heightened stage.     

19. Taking into account the applicants age, his past military profile and the current state of the conflict, the Tribunal is not satisfied that there is a real chance that he will be recalled for military service if he returns to Syria now or in the reasonably foreseeable future.  The Tribunal finds there is not a real chance the applicant will suffer serious harm on return to Syria for this reason.

    Will the applicant suffer serious harm if returns to Syria on account of his Alawite religion

20. According to DFAT[68] Alawites are mainly located in government-controlled areas, thereby receiving some level of protection.  Assad and key figures in the government are Alawites, so the Alawite community is perceived to be closely associated with the government.  Despite this, in-country contacts stress that Alawites do not uniformly support the government.  The US State Department’s Syria 2016 Human Rights Report stated that the authorities targeted Alawites who opposed the government, including through arbitrary arrest and detention, torture and killing.    Also, non-state armed groups have targeted Alawites for their perceived links to and traditional support for the government.  Some Islamists have targeted Alawites based on their perceived support for the government and for their religious beliefs, which the (largely Sunni) Islamists consider heretical.  A February 2012 attack by ISIL against mainly Alawite areas of Homs caused great concern among the Alawite community, thus achieving ISIL’s likely intent of fracturing the Alawite community’s support for the government and increasing broader Alawite – Sunni tensions.  In May 2016 ISIL carried out two suicide bombings in the predominantly Alawite areas of Tartus and Jableh, killing 154 people and wounding more than 300 people.

    [68] DFAT Thematic Report on Syria, 23 October 2017

21. When the applicant was interviewed by the delegate he indicated that he has never suffered any serious harm in Syria due to his Alawite religion.  Before the Tribunal he claimed that there are no Alawites other than the President remaining in Syria and that all Alawites have attempted to leave the country.  The Tribunal refuted this claim pointing to country information which indicates that Alawites remain living in Syria, largely in government controlled areas which have been afforded greater protection.[69]  The applicant then responded that Alawites are restricted to living in Tartous.  The Tribunal also put it to the applicant that country information indicates that Tartous has not been impacted by the war to the extent that other parts of the country have been.  The applicant agreed that Tartous is far from the war zone and has only experienced a few explosions.

    [69] DFAT Thematic Report on Syria, 23 October 2017

22. The Tribunal notes the applicant does not wish to return to Syria and his expressed view that the country is in chaos.  However, it is not submitted and nor did the applicant give oral evidence that he is expressly opposed to the government or that he is an Alawite of the type likely to publicly express any opposition to the government.  Indeed the Tribunal notes the submission that the applicant is seeking to live a peaceful life.  The Tribunal acknowledges that there have been some attacks by non-state actors, including ISIL, on the Alawite community including in Tartous.  However recent independent reporting indicates that generally speaking the security situation in Tartous has improved significantly since May 2018 and is currently regarded as calm and stable.[70]

    [70] Syria:  Security Situation in Damascus Province and Issues Regarding Return to Syria, Danish Immigration Service and Danish Refugee Council, 21 February 2019; 2019 Humanitarian Needs Overview:  Syrian Arab Republic, United Nations Office for the Coordination of Humanitarian Affairs (OCHA), 14 March 2019

23. When discussing whether the applicant could safely return to Syria being an Alawite he said that he would only be safe in Tartous.  The applicant was born and raised in Tartous.  After spending several years in Lebanon from 2000 to 2006 he returned to live and work in Tartous for periods of time between 2007 and 2009.  The Tribunal is satisfied that if the applicant is required to return to Syria he will once again reside in Tartous. 

24. Based on the above discussion, the Tribunal is satisfied that there is not a real chance that the applicant will suffer serious harm at the hands of the authorities or non-state actors on return to Syria on account of his Alawite religion. 

    Inability to return to Syria due to poor living conditions and the general security situation

25. In his written claims the applicant states that his village and house have been destroyed and he has no one to go back to in Syria.    He also states that Syria is a dangerous place and he will not be able to stay alive.

26. When giving evidence to the Tribunal the applicant conceded that his family never owned a village home; they lived in a rental property.  There is no evidence before the Tribunal to support the applicant’s assertion that his former rental home or village have been destroyed.  In the event his claims are true, the Tribunal can see no reason why this would lead to the applicant suffering serious or significant harm on return to Syria.  His evidence is that nobody in his family has lived in the village for many years and as noted above, the Tribunal considers the applicant would return to Tartous where he has previously resided and where his sister [has] also recently returned to from Lebanon.

1. The Tribunal put it to the applicant that based on his evidence it is no longer true to say he has no-one to return to in Syria and that as his sister has managed to return to Tartous it appears he could do the same.  The applicant responded that his sister is married, indicating that her presence there would not assist him.  He added that Tartous has no electricity, no water and no food.  The Tribunal refuted this claim citing country information which indicates that the infrastructure in Tartous has not been significantly impacted by the war in Syria.  For example, a March 2019 UN report[71] states that most health services were available free of charge in Lattakia and Tartous where public facilities remain fully functional.  A February 2019 World Bank report[72] which outlined the results of surveys of Syrian IDPs, stated that for Damascus, Rural Damascus, As-Sweida, Tartous and Lattakia war-related damage did not feature prominently in the responses, garnering percentages in the low single digits.  An earlier Associated Press report from 2013 reports that the Alawite stronghold of Tartous has continued to flourish despite the raging war in Syria.[73]  Based on this information the Tribunal is satisfied that basis services such as electricity and water and food stocks are sufficient in Tartous and that the applicant is not at risk of harm there for this reason. 

   [71] 2019 Humanitarian Needs Overview: Syrian Arab Republic, United Nations Office for the Coordination of Humanitarian Affairs (OCHA), 14 March 2019. 

   [72]

   [73] Syria’s Alawite Stronghold Tartous Flourishes Despite Raging War, Associated Press, 30 August 2013.

2. During the hearing, the Tribunal acknowledged that country information provides some support for the applicant’s claim that he may encounter difficulties finding work if he returns to Tartous due to the influx of people searching for a safe haven in Tartous during the war.  However, as discussed with the applicant any problems he might encounter locating work wouldn’t appear to be for reasons related to the refugee criterion or resulting from any intention to harm him personally.  The Tribunal noted that he would be in a similar situation to anybody else searching for work in Tartous.  The applicant opted not to comment on the Tribunal’s observations.  In any event, despite his protestations the applicant’s evidence is that he is in contact with his sister [and] that his relationships with his family members have improved.  The Tribunal is not satisfied that the applicant will be without any form of family support if he returns to Tartous.  In addition, the Tribunal notes the applicant has varied work experience which will assist him to find employment if he returns to Tartous.

3. As to Syria being a dangerous place and him not being able to stay alive, the Tribunal notes it’s above observations regarding the location he would likely return to and the reportedly stable security situation in Tartous.  When giving evidence to the Tribunal the applicant made repeated references to the ease of travelling between Lebanon and Tartous, a journey which he described as taking only five to ten minutes.  Indeed the Tribunal notes his evidence that his sister [recently] made the return journey to Tartous.  The Tribunal considers the applicant will be able to safely reach Tartous and live there if he is required to return to Syria.

4. Based on the above the Tribunal is satisfied that there is not a real chance the applicant will suffer serious harm if he returns to Tartous now or in the reasonably foreseeable future for reasons of lack of familial support, inadequate living conditions, lack of work opportunities or for general security reasons.  

   Mental health claims

5. While no specific claims were raised in respect of the applicant fearing a return to Syria for reason of his mental health, before the conclusion of the Tribunal hearing the applicant’s representative stated that there are mental health issues to consider.  She raised this in the context of the applicant being a heavy drug user in the past and claimed that this is why he was distanced from his family for a period of time.  The Tribunal asked if there was any medical evidence to be considered and the representative said there could possibly be a rehabilitation report available.  The Tribunal allowed a period of two weeks for any medical or other evidence to be provided.  At the time of decision no medical evidence was presented to the Tribunal for consideration.

6. The Tribunal accepts the applicant may have suffered some depression arising from family problems and drug use. However, there is no medical evidence before the Tribunal to support that his mental health is currently disturbed or that he is suffering from a mental health condition that will lead to him suffering any serious or significant harm in Syria.

7. Having carefully considered the applicants claims both individually and cumulatively, and for all the reasons given above, the Tribunal is not satisfied that the applicant is a person in respect of whom Australia has protection obligations under s.36(2)(a) of the Act.

8. Having concluded that the applicant does not meet the refugee criterion in s.36(2)(a) of the Act, the Tribunal has considered the alternative criterion in s.36(2)(aa) of the Act. For the same reasons already articulated, the Tribunal is not satisfied that there are substantial grounds for believing that as a necessary and foreseeable consequence of him being removed from Australia to Syria there is a real risk the applicant will suffer significant harm.  The Tribunal is not satisfied that the applicant is a person in respect of whom Australia has protection obligations under s.36(2)(aa) of the Act.

9. There is no suggestion that the applicant satisfies s.36(2) of the Act on the basis of being a member of the same family unit as a person who satisfies s.36(2)(a) or (aa) of the Act and who holds a protection visa. Accordingly, the applicant does not satisfy the criterion in s.36(2) of the Act.

   DECISION

10. The Tribunal affirms the decision not to grant the applicant a protection visa.

    Tania Flood
    Member

    
    

    ATTACHMENT  -  Extract from Migration Act 1958

    5 (1) Interpretation
    …
    cruel or inhuman treatment or punishment means an act or omission by which:

    (a)severe pain or suffering, whether physical or mental, is intentionally inflicted on a person; or

    (b)pain or suffering, whether physical or mental, is intentionally inflicted on a person so long as, in all the circumstances, the act or omission could reasonably be regarded as cruel or inhuman in nature;

    but does not include an act or omission:

    (c)that is not inconsistent with Article 7 of the Covenant; or

    (d)arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.

    …
    degrading treatment or punishment means an act or omission that causes, and is intended to cause, extreme humiliation which is unreasonable, but does not include an act or omission:

    (a)that is not inconsistent with Article 7 of the Covenant; or

    (b)that causes, and is intended to cause, extreme humiliation arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.

    …
    torture means an act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person:

    (a)for the purpose of obtaining from the person or from a third person information or a confession; or

    (b)for the purpose of punishing the person for an act which that person or a third person has committed or is suspected of having committed; or

    (c)for the purpose of intimidating or coercing the person or a third person; or

    (d)for a purpose related to a purpose mentioned in paragraph (a), (b) or (c); or

    (e)for any reason based on discrimination that is inconsistent with the Articles of the Covenant;

    but does not include an act or omission arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.

    …
    receiving country,  in relation to a non-citizen, means:

    (a)a country of which the non-citizen is a national, to be determined solely by reference to the law of the relevant country; or

    (b)if the non-citizen has no country of nationality—a country of his or her former habitual residence, regardless of whether it would be possible to return the non-citizen to the country.

    …

    5J Meaning of well-founded fear of persecution

    (1)For the purposes of the application of this Act and the regulations to a particular person, the person has a well-founded fear of persecution if:

    (a)     the person fears being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion; and

    (b)     there is a real chance that, if the person returned to the receiving country, the person would be persecuted for one or more of the reasons mentioned in paragraph (a); and

    (c)     the real chance of persecution relates to all areas of a receiving country.

    Note:     For membership of a particular social group, see sections 5K and 5L.

    (2)A person does not have a well-founded fear of persecution if effective protection measures are available to the person in a receiving country.

    Note:     For effective protection measures, see section 5LA.

    (3)A person does not have a well-founded fear of persecution if the person could take reasonable steps to modify his or her behaviour so as to avoid a real chance of persecution in a receiving country, other than a modification that would:

    (a)     conflict with a characteristic that is fundamental to the person’s identity or conscience; or

    (b)     conceal an innate or immutable characteristic of the person; or

    (c)     without limiting paragraph (a) or (b), require the person to do any of the following:

    (i)alter his or her religious beliefs, including by renouncing a religious conversion, or conceal his or her true religious beliefs, or cease to be involved in them practice of his or her faith;

    (ii)conceal his or her true race, ethnicity, nationality or country of origin;

    (iii)alter his or her political beliefs or conceal his or her true political beliefs;

    (iv)conceal a physical, psychological or intellectual disability;

    (v)enter into or remain in a marriage to which that person is opposed, or accept the forced marriage of a child;

    (vi)alter his or her sexual orientation or gender identity or conceal his or her true sexual orientation, gender identity or intersex status.

    (4)If a person fears persecution for one or more of the reasons mentioned in paragraph (1)(a):

    (a)     that reason must be the essential and significant reason, or those reasons must be the essential and significant reasons, for the persecution; and

    (b)     the persecution must involve serious harm to the person; and

    (c)     the persecution must involve systematic and discriminatory conduct.

    (5)Without limiting what is serious harm for the purposes of paragraph (4)(b), the following are instances of serious harm for the purposes of that paragraph:

    (a)     a threat to the person’s life or liberty;

    (b)     significant physical harassment of the person;

    (c)     significant physical ill‑treatment of the person;

    (d)     significant economic hardship that threatens the person’s capacity to subsist;

    (e)     denial of access to basic services, where the denial threatens the person’s capacity to subsist;

    (f)     denial of capacity to earn a livelihood of any kind, where the denial threatens the person’s capacity to subsist.

    (6)In determining whether the person has a well‑founded fear of persecution for one or more of the reasons mentioned in paragraph (1)(a), any conduct engaged in by the person in Australia is to be disregarded unless the person satisfies the Minister that the person engaged in the conduct otherwise than for the purpose of strengthening the person’s claim to be a refugee.

    5K  Membership of a particular social group consisting of family

    For the purposes of the application of this Act and the regulations to a particular person (the first person), in determining whether the first person has a well‑founded fear of persecution for the reason of membership of a particular social group that consists of the first person’s family:

    (a)     disregard any fear of persecution, or any persecution, that any other member or former member (whether alive or dead) of the family has ever experienced, where the reason for the fear or persecution is not a reason mentioned in paragraph 5J(1)(a); and

    (b)     disregard any fear of persecution, or any persecution, that:

    (i)the first person has ever experienced; or

    (ii)any other member or former member (whether alive or dead) of the family has ever experienced;

    where it is reasonable to conclude that the fear or persecution would not exist if it were assumed that the fear or persecution mentioned in paragraph (a) had never existed.

    Note: Section 5G may be relevant for determining family relationships for the purposes of this section.

    5L  Membership of a particular social group other than family

    For the purposes of the application of this Act and the regulations to a particular person, the person is to be treated as a member of a particular social group (other than the person’s family) if:

    (a)     a characteristic is shared by each member of the group; and

    (b)     the person shares, or is perceived as sharing, the characteristic; and

    (c)     any of the following apply:

    (i)the characteristic is an innate or immutable characteristic;

    (ii)the characteristic is so fundamental to a member’s identity or conscience, the member should not be forced to renounce it;

    (iii)the characteristic distinguishes the group from society; and

    (d)     the characteristic is not a fear of persecution.

    5LA  Effective protection measures

    (1)For the purposes of the application of this Act and the regulations to a particular person, effective protection measures are available to the person in a receiving country if:

    (a)     protection against persecution could be provided to the person by:

    (i)the relevant State; or

    (ii)a party or organisation, including an international organisation, that controls the relevant State or a substantial part of the territory of the relevant State; and

    (b)     the relevant State, party or organisation mentioned in paragraph (a) is willing and able to offer such protection.

    (2)A relevant State, party or organisation mentioned in paragraph (1)(a) is taken to be able to offer protection against persecution to a person if:

    (a)     the person can access the protection; and

    (b)     the protection is durable; and

    (c)     in the case of protection provided by the relevant State—the protection consists of an appropriate criminal law, a reasonably effective police force and an impartial judicial system.

    ..

    36Protection visas – criteria provided for by this Act

    …

    (2A)A non‑citizen will suffer significant harm if:

    (a)    the non‑citizen will be arbitrarily deprived of his or her life; or

    (b)    the death penalty will be carried out on the non‑citizen; or

    (c)     the non‑citizen will be subjected to torture; or

    (d)    the non‑citizen will be subjected to cruel or inhuman treatment or punishment; or

    (e)     the non‑citizen will be subjected to degrading treatment or punishment.

    (2B)However, there is taken not to be a real risk that a non‑citizen will suffer significant harm in a country if the Minister is satisfied that:

    (a)    it would be reasonable for the non‑citizen to relocate to an area of the country where there would not be a real risk that the non‑citizen will suffer significant harm; or

    (b)    the non‑citizen could obtain, from an authority of the country, protection such that there would not be a real risk that the non‑citizen will suffer significant harm; or

    (c)     the real risk is one faced by the population of the country generally and is not faced by the non‑citizen personally.

    …