Casenote: EM (Eritrea) [2014] UKSC 12 (Supreme Court)

Mailing or Enclosure

This case concerned returns to Italy under the Dublin II Regulation. Overturning the Court of Appeal, the Court concluded that an individual resisting removal to a State does not have to show a “systemic deficiency” in that State. The critical question is the test laid down in Soering v United Kingdom (1989) 11 EHRR 439, which is that a person cannot be removed to a place where there is a real risk that s/he will suffer treatment contrary to Article 3 of European Convention on Human Rights (see para. 58 of the judgment, which is available here).

Thanks to Mark Symes of Garden Court for preparing a detailed casenote, available below.

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