Case summaries
UK - High Court, 18 November 2011, Medhanye, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 3012 (Admin)
Country of applicant:
Eritrea
Keywords:
Safe third country
The Administrative Court considered the proposed removal of the applicant from the UK to Italy under the Dublin Regulation. In applying MSS v Belgium and Greece and KRS v UK to applications to resist removal under the Dublin Regulation on human rights grounds, a system which protects the rights of asylum seekers should be presumed in other EU member states. The evidence must reveal a systemic failure on a significant scale for the presumption to be rebutted. Particular weight would be given to the public statements of UNHCR and other intergovernmental bodies with appropriate mandates. Little or no weight would usually be given to expert reports in such cases.
Date of decision:
18-11-2011
Relevant International and European Legislation:
EN - Charter of Fundamental Rights of the European Union,Article 1,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 3,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3