Mark Symes is part of the legal team acting for the Appellants in EM (Eritrea) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 1336.
On 7 March 2013 they were granted permission to appeal to the Supreme Court in order to investigate the possible tension between the approach of the European Court of Human Rights and European Court of Justice as to the circumstances in which the removal of asylum seekers to inadequate reception conditions in a European Member State would be unlawful. The case will involve fundamental questions as to the scope of Article 3 ECHR, the Charter of Fundamental Rights, and the nature of state responsibility for fundamental rights.
Mark Symes is a member of the Garden Court Immigration Team.