When are the conditions in a given country relevant to the best interests of the child, whom it is proposed will return there?

This is one of the questions set to be addressed by the Court of Appeal in NA (Libya). Following an oral hearing before Ryder LJ, the Senior President of Tribunals, Gita Patel has succeeded in persuading the Court of Appeal that the conclusion of the Upper Tribunal on the issue, namely that country conditions are not a "material" factor in this assessment, is open to argument, and Immigration Barrister Gita Patel is set to argue the point before the full court in the new year.

Arguments of this nature have increasing relevance as more countries around the globe are beset by violence.

Libya is an important example. Since the decision of the Upper Tribunal in NA (Libya), the Upper Tribunal in ZMM (Article 15(c)) Libya CG [2017] UKUT 263 (IAC) has found that any returnee to the country is at real risk of indiscriminate harm.

It is hard to see how such a risk of harm can be anything other than "material" to the question of a child's best interests, and it must be hoped that their Lordships in the Court of Appeal will set the position straight shortly, clarifying the position for future appellants.

Our Asylum Barristers provide eligibility advice on the suitability of dependants, such as children, spouses or parents, in making derivate rights applications under Immigration Law.

Do you have an Immigration Law case you need advice or advocacy for? Call our Immigration Clerks Courtney Soden and Daniella Howarth on 0161 832 4036, email [email protected], [email protected] or fill out our contact form.