Our client, the appellant, born in Tripoli, Libya, asserts his claim for refugee status primarily on grounds of past persecution and the potential for renewed persecution if returned to Libya. He identifies as Muslim and previously served at a high-ranking role in the army. His father has passed away, and his mother resides in Tripoli, along with his brother and sister.
The appellant recounts an incident in February 2017 when he was kidnapped and tortured after delivering a speech containing political references. He narrowly escaped, fearing he would have been killed otherwise. The kidnappers accused him of loyalty to Gaddafi, linking his speech to support for the former regime. He managed to flee the extremist camp and seek medical attention, eventually leaving Libya via Tunisia and arriving in Malta, where he applied for international protection.
The agency acknowledges the appellant’s military background but argues that he does not fit the high-risk profile for persecution based on loyalty to Gaddafi during the conflict. They contend that speaking favourably of Gaddafi does not automatically warrant international protection.
However, the tribunal recognises the ongoing instability and violence in Libya, as evidenced by recent reports detailing clashes between armed groups, forced evictions, mass graves, and the presence of foreign military forces. Despite not meeting the criteria for refugee status, following our arguments and presentations, the tribunal finds credible grounds for subsidiary protection under Maltese law due to the real risk of serious harm if the appellant returns to Libya.
Therefore, the tribunal partially upholds the appeal by confirming the rejection of refugee status but granting subsidiary protection to our client. This decision is based on substantial evidence of ongoing threats and instability in Libya, which pose a genuine risk to the appellant’s safety and well-being.
This was another success story for our firm where our client was granted subsidiary protection. Sciberras Advocates can assist in appeals at the International Protection Appeals Tribunal, with the Immigration Appeals Board or written requests to Principal Immigration Officer to appeal, overturn bans and challenge removal orders. More information about immigration services can be found here: https://sciberras.legal/practice-areas/immigration-law/ or contact us directly to speak to one of our immigration lawyers.
本文仅供参考，不应被视为法律建议。.
查琳·西贝拉斯（Charlene Sciberras）女士，文学士（荣誉），特约撰稿人，是一位营销和工商管理专家，尤其专注于公司、会计和法律事务。.
Sciberras Advocates 由 Adrian Sciberras 博士创立，是一家总部位于马耳他的律师事务所。该事务所以其多学科、创新和灵活的特点而自豪，能够应对不断变化的时代以及本地和国际法律环境中的任何挑战。无论面临何种复杂私人或公司需求，Sciberras Advocates 都能提供切合实际且具有成本效益的法律解决方案，以实现您期望的结果。您可以通过电话联系 Sciberras Advocates： +35627795222或通过电子邮件发送至 [email protected].
