N.S. v SSHD; M.E. and Others v Refugee Applications Commissioner (Joined Cases C-411/10 & C-493/10)

What was at stake

Dublin transfers; systemic deficiencies test; suspending transfers

What happened

The case involved asylum seekers who were to be returned to Greece pursuant to Regulation No 343/2003. The applicants, N.S. and M.E., challenged the decision to transfer them to Greece, citing concerns about the reception conditions and asylum procedure in that country. The Court of Appeal in the UK and the High Court in Ireland referred questions to the CJEU for a preliminary ruling on the interpretation of Regulation No 343/2003 and the fundamental rights of the EU.

What the court decided

Member States must not transfer an asylum seeker where systemic deficiencies in the receiving State create a real risk of inhuman/degrading treatment.

How the court got there

The CJEU decided that EU law precludes the application of an irrebuttable presumption that the Member State responsible for examining an asylum application observes the fundamental rights of the EU. The Court held that Member States must not transfer an asylum seeker to another Member State where systemic deficiencies in the asylum procedure and reception conditions amount to substantial grounds for believing that the asylum seeker would face a real risk of inhuman or degrading treatment.

Statutes and cases cited

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