Supreme Court Judgment on returns to Italy: EM (Eritrea)

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 removal cannot take place if there is a real risk that
the person transferred will suffer treatment contrary to Article 3 of European Convention on Human Rights (inhuman or degrading treatment).

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