Case Law

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.

26 June 2019 | Judicial Body: Libya: Supreme Court of Libya | Topic(s): Memoranda of understanding (MOU) | Countries: Italy - Libya

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

29 June 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Complementary forms of protection - Country of origin information (COI) - Generalized violence - Internal armed conflict | Countries: Libya - United Kingdom of Great Britain and Northern Ireland

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

23 March 2017 | Judicial Body: Libya: Court of Appeal (Tripoli) | Topic(s): Memoranda of understanding (MOU) | Countries: Italy - Libya

This decision replaces AT and Others Libya CG [2014] UKUT 318 (IAC) in respect of assessment of the art 15(c) risk.

20 September 2016 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Complementary forms of protection - Conflict situation - EU Qualification Directive - Evidence (including age and language assessments / medico-legal reports) | Countries: Libya - United Kingdom of Great Britain and Northern Ireland

8 April 2015 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Security situation | Countries: Libya - Sweden

30 October 2014 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Abduction - Acts of persecution - Arbitrary arrest and detention - Immunity - Jurisdiction | Countries: Libya - Morocco - United Kingdom of Great Britain and Northern Ireland

Replaced by ZMM (Article 15(c)) Libya CG [2017] UKUT 00263 (IAC) in respect of the assessment of the art 15(c) risk.- 28.06.17

14 July 2014 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Effective protection - Gender-based persecution - Honour killings - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion - Racial / Ethnic persecution - Rejected asylum-seekers - Sexual and gender-based violence (SGBV) - Women-at-risk | Countries: Libya - United Kingdom of Great Britain and Northern Ireland

26 June 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Country of origin information (COI) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Right to family life | Countries: Libya - Sweden

7 March 2014 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Persecution based on political opinion | Countries: Australia - Libya

17 February 2014 | Judicial Body: Netherlands, The: The Hague District Court | Topic(s): Acts contrary to the purposes and principles of the United Nations - Exclusion clauses | Countries: Libya - Netherlands