Sri Lanka

On 11 February 2020, the Swiss Federal Administrative Tribunal (TAF) ruled in case F-7195/2018 concerning the Dublin transfer of an asylum seeker to Bulgaria that there are no systemic flaws in the asylum procedure and in the reception conditions for applicants in Bulgaria, and that there is no reason for a complete suspension of Dublin transfers to Bulgaria. The court ruled that the Swiss asylum authority SEM should assess on a case-to-case basis whether a Dublin transfer must be suspended. This examination could include obtaining concrete and prior guarantees from the Bulgarian authorities. A transfer is only possible if the possibility that the asylum-seeker concerned would be subjected to inhuman and degrading treatment on his return to Bulgaria is excluded. In this particular case, the appeal against the transfer decision was made by the applicant, arguing that she suffered from post-traumatic stress disorder which could not be treated adequately in Bulgaria, that she risked not being able to access the regular reception services due to the fact that her asylum application had already been rejected by the Bulgarian authorities, that she even risked being detained and subjected to inhuman conditions and that she finally risked being returned to her country of origin contrary to the principle of non-refoulement. Taking her particular circumstances into account, the TAF quashed the transfer decision and upheld the appeal, ruling that even though there are no systemic deficiencies in the asylum system in Bulgaria, the transfer decision should be based on a detailed analysis of all relevant circumstances of the asylum seeker.

11 February 2020 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Freedom from torture, inhuman and degrading treatment - Post-traumatic stress disorder (PTSD) - Reception - Rejected asylum-seekers | Countries: Bulgaria - Sri Lanka - Switzerland

28 June 2016 | Judicial Body: Armenia: Administrative Court of Appeals | Document type: Case Law | Topic(s): 1951 Refugee Convention - Credibility assessment - Discrimination based on race, nationality, ethnicity - Flight by land, air or sea - Persecution based on class/wealth/occupation - Persecution based on political opinion - Persecution of family members - Political groups - Rejected asylum-seekers - Tamil - Unlawful departure | Countries: Australia - Sri Lanka

1 June 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Document type: Case Law | Topic(s): 1951 Refugee Convention - Arbitrary arrest and detention - Discrimination based on race, nationality, ethnicity - Persecution based on political opinion - Political groups - Political parties - Rejected asylum-seekers - Social group discrimination - Social group persecution - Tamil | Countries: Australia - Sri Lanka

23 April 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Document type: Case Law | Topic(s): 1951 Refugee Convention - Persecution based on political opinion - Persecution of family members - Political groups - Political parties - Rejected asylum-seekers - Social group discrimination - Social group persecution | Countries: Australia - Sri Lanka

11 March 2016 | Publisher: Asylum Research Centre (ARC) | Document type: Query Responses

19 August 2014 | Publisher: Asylum Research Centre (ARC) | Document type: Query Responses

22 April 2014 | Judicial Body: United States Court of Appeals for the First Circuit | Document type: Case Law | Topic(s): Changes of circumstances in home country - Country of origin information (COI) - Persecution based on political opinion - Police - Rejected asylum-seekers - Tamil | Countries: Sri Lanka - United States of America

17 October 2013 | Judicial Body: Australia: Refugee Review Tribunal | Document type: Case Law | Topic(s): Discrimination based on race, nationality, ethnicity - Persecution based on political opinion - Rejected asylum-seekers - Social group persecution - Tamil | Countries: Australia - Sri Lanka