“I understand that an application for permission to appeal in EM (Eritrea) is still pending before the Supreme Court. It certainly cannot be assumed that that application will be unsuccessful, not least because this court took the unusual step of writing into its formal order the doubts that it entertained in relation to its own decision. I appreciate that it is argued that on the facts of the present case the applicant should succeed even when applying the test adopted in EM, but that factual position is far from being sufficiently clear to enable the court, or to make it fair to the applicant, to proceed while various important issues in EM lack an authoritative answer. Those issues include whether the correct test is “systemic deficiency”; if yes, how is that phrase to be defined; and whether the test, in whatever terms, applies to all or some human rights issues as well as to issues of refoulement. I therefore direct that this application be stayed to await the decision of the Supreme Court in EM. ”