EM (Eritrea) and Others v Secretary of State for The Home Department: CA 17 Oct 2012

In each case asylum applicants, after losing their applications, resisted return to Italy, the country of first entry to the EU, saying that they faced inhuman or degrading treatment if returned. Each asserted that they would face destitution owing to inadequate medical care and welfare support in Italy.
Held: Their appeals failed. Whilst the court felt some discomfort with the result, it was a requirement that an person asserting such a risk must show that the risk resulted from systemic failures of the system in the receiving country.

Judges:

Richards, Sullivan LJJ, Sir Stephen Sedley

Citations:

[2012] EWCA Civ 1336, [2013] HRLR 1, [2012] WLR(D) 282, [2013] 1 WLR 576

Links:

Bailii, WLRD

Statutes:

Council Regulation (EC) 343/2003

Jurisdiction:

England and Wales

Cited by:

Appeal fromEM (Eritrea), Regina (on The Application of) v Secretary of State for The Home Department SC 19-Feb-2014
SSHD must examine safety of country for return
The Court was asked: ‘Is an asylum seeker or refugee who resists his or her return from the United Kingdom to Italy (the country in which she or he first sought or was granted asylum) required to establish that there are in Italy ‘systemic . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 05 November 2022; Ref: scu.464935