Adjudication of asylum claims (refugee status determination / asylum procedures) / Rejected asylum-seekers

Relying in particular on Article 5 § 1 (f) (right to liberty and security), the applicants complained about their placement and retention in the closed centre for aliens, alleging, inter alia, that they were illegal. Violation of Article 5 § 1 f) – in respect of the applicant children, concerning their retention in the closed centre

26 March 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Children's rights - Expulsion - Rejected asylum-seekers - Right to liberty and security | Countries: Germany - Poland - Russian Federation

The Court recalls that the exemption clause for asylum is based on restrictive conditions. Under the Asylum Act (AsylA) and subject to the SEM’s approval, a residence permit may be granted in accordance with the applicable provisions on asylum to any person who has stayed in Switzerland for at least five years from the date the asylum application was submitted, whose place of residence has always been known to the authorities and for whom it is a case of serious hardship due to a high level of integration. The appellant fulfils the first two conditions. With respect to the third condition, the Court underlines, in particular, the misuse of procedures for the purpose of artificially extending the appellant’s stay. It reached the conclusion that the person’s track record in Switzerland to date was not of a nature that justified the granting of a residence permit.

26 September 2018 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Rejected asylum-seekers - Residence permits / Residency | Countries: Russian Federation - Switzerland

6 April 2017 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Passports - Rejected asylum-seekers - Statelessness - Travel documents | Countries: Nigeria - Russian Federation - Sierra Leone - Switzerland

6 April 2017 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Passports - Rejected asylum-seekers - Statelessness - Travel documents | Countries: Nigeria - Russian Federation - Sierra Leone - Switzerland

4 September 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Rejected asylum-seekers | Countries: France - Russian Federation

31 July 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Chechen - Criminal justice - Extradition - Freedom from torture, inhuman and degrading treatment - Rejected asylum-seekers | Countries: Azerbaijan - Russian Federation

17 April 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Extradition - Freedom from torture, inhuman and degrading treatment - Generalized violence - Rejected asylum-seekers - Suspensive effect - Uzbek | Countries: Kyrgyzstan - Russian Federation