situation in region and Kabul is likely to be qualified as situation of indiscriminate violence resulting from an internal armed conflict in light of subsidiary protection. In these conditions, the prefect had erred in applying the law by deciding that, instead of authorising to register the application in France, the applicant be transferred to Finland where this country had already rejected the asylum application, expelled and issue an entry ban against the applicant.
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