The Member States, including the national courts, may not transfer an asylum seeker to the Member State indicated as responsible where they cannot be unaware that systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers amount to substantial grounds for believing that the asylum seeker would face a real risk of being subjected to inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union.

Greece is not the only country whose asylum policies have been questioned. In May, the UN High Commissioner for Human Rights Navi Pillay [official profile] rebuked [JURIST report] Australia for its political, rather than human rights based approach to indigenous people and asylum-seekers. Although she criticized some of the nation's practices, she had considerable praise for "a strong history of commitment to human rights at the international level, and also of course a robust system of democratic institutions." Nonetheless, she believes improvements are necessary in the realm of treatment of Aborigines and immigrants. On the topic of asylum-seekers, Pillay described situations where refugees wait in immigration centers for months or years. She recommended greater communication with both groups, a revamp of how the Aborigine Northern Territory is handled, and for political leaders to quit "demonizing" refugees and immigrants.