Case Law

Leading case concerning family reunification and safe third country: The appellant was recognized as refugee in Italy on 16 November 2009 He went to Switzerland for family reunification. The fact that a person has already been granted protection as a refugee and asylum in another Dublin State constitutes a "special circumstance" within the meaning of Art. 51 para. 1 of the Swiss Asylum Law which precludes the granting of family asylum.

25 September 2019 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Family reunification - Refugee / Asylum law - Safe third country | Countries: Eritrea - Switzerland

A Kurdish journalist applied for asylum upon her arrival at Zurich Airport. The State Secretariat for Migration (SEM) decided that the application was not admissible in the airport procedure based on the safe third country principle. The SEM considered that the conditions for a safe return to Brazil, where the journalist had been prior to her arrival in Switzerland, were present. The Court held that SEM needs to examine whether Brazil is safe in the particular case of the applicant. Unlike the third countries listed as “safe countries” by the Federal Council, the asylum authorities must take into consideration the characteristics for each individual case to decide whether the third country offers a sufficient protection against refoulement.

8 February 2018 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Safe third country | Countries: Brazil - Switzerland

31 May 2017 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Asylum-seekers - Refugee / Asylum law - Refugees - Safe third country | Countries: Congo, Democratic Republic of the - Hungary - Switzerland

6 June 2014 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Safe third country | Countries: Eritrea - Israel - Switzerland

16 August 2011 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Non-refoulement - Safe third country | Countries: Afghanistan - Switzerland

3 November 2006 | Judicial Body: Switzerland: Commission suisse de recours en matière d'asile | Topic(s): Safe third country | Countries: Switzerland - Türkiye