112 M.S.S. v. BELGIUM AND GREECE JUDGMENT – SEPARATE OPINIONS responsible for registering asylum applications. The paper characterised the percentage of asylum-seekers who were granted refugee status in Greece as “disturbingly low” and criticised the quality of asylum decisions. Concern was further expressed about the extremely limited reception facilities for asylum-seekers and the lack of criteria for the provision of a daily financial allowance. 4. In its decision in K.R.S. v. the United Kingdom the Court noted its ruling in T.I. v. the United Kingdom ((dec.), no. 43844/98, ECHR 2000-III), to the effect that removal of an individual to an intermediary country which was also a Contracting State did not affect the responsibility of the returning State to ensure that the person concerned was not, as a result of the decision to expel, exposed to treatment contrary to Article 3 of the Convention. In this regard, the Court noted the concerns expressed by the UNHCR and shared by the various non-governmental organisations and attached weight to the fact that, in recommending that parties to the Dublin Regulation should refrain from returning asylum-seekers to Greece, the UNHCR believed that the prevalent situation in Greece called into question whether “Dublin” returnees would have access to an effective remedy as foreseen by Article 13 of the Convention. 5. Despite these concerns, the Court concluded that the removal of the applicant to Greece would not violate Article 3 of the Convention. In so finding, the Court placed reliance on a number of factors. (i) On the evidence before the Court, which included the findings of the English Court of Appeal in the case of R. (Nasseri) v. the Secretary of State for the Home Department [2008] EWCA Civ 464, Greece did not remove individuals to Afghanistan, Iran, Iraq, Somalia or Sudan and there was accordingly no risk that the applicant would be removed to Iran on his arrival in Greece. (ii) The Dublin Regulation was one of a number of measures agreed in the field of asylum policy at European Union level and had to be considered alongside European Union member States’ additional obligations under the two Council Directives to adhere to minimum standards in asylum procedures and to provide minimum standards for the reception of asylumseekers. The presumption had to be that Greece would abide by its obligations under those directives. In this connection, note had to be taken of the new legislative framework for asylum applications introduced in Greece and referred to in the letter provided to the Court by the Greek Government. (iii) There was nothing to suggest that those returned to Greece under the Dublin Regulation ran the risk of onward removal to a third country where they would face ill-treatment contrary to Article 3 without being afforded a real opportunity, on the territory of Greece, of applying to the Court for a Rule 39 measure to prevent such removal. Assurances had been obtained from the Greek Dublin Unit that asylum applicants in Greece had a

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