Case summaries
UK domestic legislation that deemed that EU member states were safe third countries for the purposes of removal under the Dublin Regulation was not, as a matter of course, incompatible with Article 3 ECHR and the Human Rights Act 1998. However, if the applicant could show that his or her rights under Article 3 ECHR would be breached by his or her removal to Greece, a declaration of incompatibility between the legislation and the Human Rights Act would be made, although the Court would be prevented from finding that the removal would breach the applicant’s rights. However, the evidence combined with the ECtHR’s ruling in KRS v. UK was not sufficient to indicate that there was such a risk and, in any event, the applicant could seek the protection of the ECtHR in Greece.