R (on the application of EM (Eritrea)) v Secretary of State for the Home Department; R (on the application of EM (Eritrea)) (EH) v Secretary of State for the Home Department; R (on the application of EM (Eritrea)) (MA) v Secretary of State for the Home Department; R (on the application of EM (Eritrea)) (AE) v Secretary of State for the Home Department [2014] UKSC 12 (19 February 2014)
The UK Supreme Court has held that returning an asylum seeker to the country whether they first claimed asylum is prohibited, if it can be established that there is a real risk that the person transferred will suffer inhumane or degrading treatment – which is prohibited by article 3 of the European Convention on Human Rights. The Supreme Court overturned the UK Court Appeal’s decision that there needs to be systemic deficiencies in the asylum procedures of the receiving state before a transfer of an asylum seeker should be prevented under the Dublin Regulation.
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