Switzerland

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Résumé et recommandations: L'apatridie en Suisse November 2018 \| Publisher: UN High Commissioner for Refugees (UNHCR) \| Document type: Thematic Reports
Staatenlosigkeit in der Schweiz November 2018 \| Publisher: UN High Commissioner for Refugees (UNHCR) \| Document type: Thematic Reports
Freedom in the World 2018 - Switzerland 5 October 2018 \| Publisher: Freedom House \| Document type: Annual Reports
Judgement FAC F-2888/2017 of 26 Sept. 2018 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
Judgement FAC E-2412/2014 of 5 Sept. 2018 This decision was about the conditions under which a recognized refugee can be denied asylum, according to article 53 (b) of the Swiss law on Asylum. The case concerns a Turkish national of Kurdish ethnicity suspected to support the armed group PKK. 5 September 2018 \| Judicial Body: Switzerland: Tribunal administratif fédéral \| Document type: Case Law \| Topic(s): National security / Public order - Terrorism \| Countries: Switzerland - Türkiye
Judgement FAC E–891/2017 of 8 Aug. 2018 The methods of medical age assessment that are used in Switzerland are considered as indications, which are weighted differently depending on their results, to determine whether a person has reached majority (consid. 4.2.2). Moroever, the usual rules for the assessment of evidence must be observed. Medical evidence is a strong indication of a person’s age (consid. 4.2.2). 8 August 2018 \| Judicial Body: Switzerland: Tribunal administratif fédéral \| Document type: Case Law \| Topic(s): Evidence (including age and language assessments / medico-legal reports) \| Countries: Switzerland
A.N. v. Switzerland the State party has an obligation to refrain from forcibly returning the complainant to Italy and to continue complying with its obligation to provide the complainant, in full consideration with him, with rehabilitation through medical treatment. 3 August 2018 \| Judicial Body: UN Committee Against Torture (CAT) \| Document type: Case Law \| Legal Instrument: 1984 Convention against Torture (CAT) \| Topic(s): Freedom from torture, inhuman and degrading treatment \| Countries: Eritrea - Italy - Switzerland
Judgement FAC F-3045/2016 of 25 Jul. 2018 This case harmonized Switzerland's approach to family reunification with the the decision of the European Court of Human Right (ECtHR) in Hadzhieva v. Bulgaria from February 1 2018, n° 45285/12. The right to family reunification cannot expire if it existed, according to national or international law, at the time when the application was submitted. 25 July 2018 \| Judicial Body: Switzerland: Tribunal administratif fédéral \| Document type: Case Law \| Topic(s): Family reunification \| Countries: Switzerland
Arrêt F-3045/2016 du 25 juillet 2018 The right to family reunion derived from the European Convention on Human Rights (ECHR) does not expire when the child who could benefit from it reaches the age of majority during the procedure. This easing of the case law, which takes into account recent judgments of the European Court of Human Rights, also has procedural implications 25 July 2018 \| Judicial Body: Switzerland: Tribunal administratif fédéral \| Document type: Case Law \| Topic(s): Family reunification - Right to family life \| Countries: Cameroon - Switzerland
Urteil E-5022/2017 vom 10. Juli 2018 10 July 2018 \| Judicial Body: Switzerland: Tribunal administratif fédéral \| Document type: Case Law \| Topic(s): Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription \| Countries: Eritrea - Switzerland

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