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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