FA (Libya: art 15(c) Libya (CG)

The question of whether a person is at art 15(c) risk in Libya should, until further Country Guidance, be determined on the basis of the individual evidence in the case.

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

At the hearing we canvassed with the parties the preliminary view we had reached after reading the papers. The decision we make is made with the consent of the parties, including consent at a senior level in the Home Office following a consultation Ms Pettersen was able to make by telephone.

The appellant's claim as originally made was a complex one. As an asylum claim it was based on a claim of a fear of persecution on the grounds of race and political opinion actual and imputed. She also claimed humanitarian protection on the basis of art 15(c) of the Qualification Directive 2004/83/EC. Judge Turnock heard oral evidence from the appellant, her husband and another witness.

The grounds of appeal against his decision do not challenge the Judge's assessment of credibility or his conclusions about the history of the appellant and her family or the risk of their being persecuted. Those findings are therefore to be regarded as final for the purposes of this appeal. The grounds argue that the Judge gave too little weight to the evidence tending to show that the existing country guidance was no longer reliable in relation to the risk of art 15(c) harm, and that he failed to evaluate the risk to the appellant at the point of return.