The Upper Tribunal having considered all the evidence and confined themselves to the issue of Article 15 (C) of the Qualification Directive, on the evidence presented, have held that the level of violence and the lack of proper government and laws in Libya is such that it meets the high threshold of Article 15 (c):
The violence in Libya has reached such a high level that substantial grounds are shown for believing that a returning civilian would, solely on account of his presence on the territory of that country or region, face a real risk of being subject to a threat to his life or person.
92. The situation is complex and fast-moving but two features stand out: there is at present a manifest failure of state protection for the ordinary citizen and indiscriminate violence is liable to erupt anywhere, at any time. In the context of this extreme volatility, we are satisfied that the cumulative effect of the evidence is such that the Article 15(c) test is satisfied.
93. In light of our findings, we have not considered it necessary to conduct a region by region review. We do not doubt that there are in Libya today towns and villages which are relatively calm where, notwithstanding the absence of effective government, people are going about their ‘normal’ lives. We cannot, however, be satisfied that the peace in these oases is stable or durable, or that the notional returnee to Libya would be able to safely access such locations.
This is a great result as it confirms that anyone from Libya, regardless of the region would be at risk of return contrary to Article 15 (C) of the Qualification Directive.