The Supreme Court of Libya holds that concluding the Memorandum of Understanding with Italy was a sovereign act, and not an administrative decision. Courts therefore lack jurisdiction.
i) Is the Appellant at risk under Article 15(c) if returned to Libya?
ii) If Article 15(c) does apply, can the Appellant relocate to, and reasonably be expected to stay in, another part of the country in which he would not face such a risk? (humanitarian protection)
Replaces AT &
others (Article 15(c); risk categories) Libya CG
[2014] UKUT 00318 (IAC) in respect of the
assessment of the art 15(c) risk
By way of interim measure, the Court of Appeal suspends the implementation of the Memorandum of Understanding between Italy and Libya of 2 January 2017