NS v. Secretary of State for the Home Department; ME and Others v. Refugee Applications Commissioner and Minister for Justice, Equality and Law Reform

Abstract

Human rights — Fundamental rights — Prohibition of inhuman or degrading treatment — Common European Asylum System — Council Regulation (EC) No 343/2003 — Transfer of asylum seeker to Member State responsible for examining asylum application — Whether transfer of asylum seeker compatible with Charter of Fundamental Rights of the European Union, 2000, European Convention on Human Rights, 1950 and Geneva Convention relating to the Status of Refugees, 1951 — Obligations of transferring Member States — Whether acceptable under European Union law for a transferring Member State to apply conclusive presumption that responsible Member State would act in compliance with fundamental rights — Obligation on transferring Member State to exercise right to assume responsibility to examine application itself under Article 3(2) of Council Regulation (EC) No 343/2003

Relationship of international law and municipal law — Treaties — European Union law — Council Regulation (EC) No 343/2003 — Interpretation — Scope of Article 3 of Regulation — Charter of Fundamental Rights of the European Union, 2000 — European Convention on Human Rights, 1950 — Geneva Convention relating to the Status of Refugees, 1951 — Common European Asylum System — Transfer of asylum seeker to Member State responsible for examining asylum application — Member State responsible for examining asylum application listed as safe country in United Kingdom Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 — Whether transfer risking breach of asylum seeker’s fundamental rights — Obligations of transferring Member States — Whether transferring Member State under obligation not to expose asylum seeker to risk of human rights violations in responsible Member State

International organizations — European Union — Council Regulation (EC) No 343/2003, Article 3 — Interpretation — Scope — Transfer of asylum seeker to Member State responsible for examining asylum application — Whether transfer risking breach of asylum seeker’s fundamental rights — Obligations of transferring Member States — European Union law — European Convention on Human Rights, 1950 — Geneva Convention relating to the Status of Refugees, 1951 — Whether transferring Member State under obligation not to expose asylum seeker to risk of human rights violations in responsible Member State

Aliens — Asylum seeker — Common European Asylum System — Council Regulation (EC) No 343/2003, Article 3 — Transfer of asylum seeker to Member State responsible for examining asylum application — Whether transfer risking breach of asylum seeker’s fundamental rights — Obligations of transferring Member States — European Union law — European Convention on Human Rights, 1950 — Geneva Convention relating to the Status of Refugees, 1951 — Whether transferring Member State under obligation not to expose asylum seeker to risk of human rights violations in responsible Member State — The law of the European Union