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D.Z. v. Switzerland

Examination of the same matter under another procedure of international investigation or settlement; non-exhaustion of domestic remedies Risk of torture upon return to country of origin; non-refoulement

31 August 2021 | 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 - Non-refoulement | Countries: China - Switzerland

Arrêt E-1813/2019 du 1er juillet 2020

In a landmark judgment, the Federal Administrative Court acknowledged the existence of a new specific circumstance that goes against the granting of family asylum. In addition, it considered that the result of the assessment of evidence made in the original, already concluded, asylum procedure cannot be simply transposed to the subsequent family asylum procedure. The right to be heard must be granted again and the results assessed separately.

1 July 2020 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Refugee status determination (RSD) / Asylum procedures - Right to family life - Rule of law / Due process / Procedural fairness | Countries: China - Switzerland

Switzerland: Judgement FAC E-1813_2019 of 1 July 2020[1539]

This decision was about the granting of family asylum to a woman of Tibetan ethnicity. It represent a landmark judgment of the FAC acknowledging the existence of a new specific circumstance that goes against the granting of family asylum. The FAC overrules the decision of the SEM to refuse family asylum and refers the matter back to the SEM for further investigation and reassessment.

1 July 2020 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Asylum-seekers - Family reunification - Refugee / Asylum law - Tibetan | Countries: China - Switzerland

CASE OF M.A. AND OTHERS v. BULGARIA (Application no. 5115/18)

The Court had therefore to examine whether any effective gua