Switzerland

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Showing 21-30 of 782 results

Switzerland: Judgement FAC E-7092_2017 of 25 January 2021[1542] The TAF decided in a principle judgment that the right to family life should be taken into account in a Dublin procedure, even if the family member in Switzerland does not have a secure right of residence. 25 January 2021 \| Judicial Body: Switzerland: Tribunal administratif fédéral \| Document type: Case Law \| Topic(s): Family reunification - Refugee / Asylum law - Residence permits / Residency \| Countries: Switzerland - Syrian Arab Republic
CASE OF B AND C v. SWITZERLAND (Applications nos. 889/19 and 43987/16) The Court considered that criminalisation of homosexual acts was not sufficient to render return contrary to the Convention. The Court found, however, that the Swiss authorities had failed to adequately assess the risk of ill-treatment for the first applicant as a homosexual person in the Gambia and the availability of State protection against ill-treatment from non-State actors. Several independent authorities noted that the Gambian authorities were unwilling to provide protection for LGBTI people. 17 November 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): Expulsion - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) \| Countries: Gambia - Switzerland
Switzerland: Judgement FAC E-3822_2019 of 28 oct. 2020[1532] The FAC has ruled that the SEM has to apply the principle of proportionality, which generally applies to revocation of residence permits, in cases where temporary admission is withdrawn. The FAC found that the temporary admission of the appellant, an Eritrea national, should be maintained. 28 October 2020 \| Judicial Body: Switzerland: Tribunal administratif fédéral \| Document type: Case Law \| Topic(s): Asylum-seekers - Residence permits / Residency \| Countries: Eritrea - Switzerland
Specific needs of asylum seekers in the Swiss asylum system August 2020 \| Publisher: UN High Commissioner for Refugees (UNHCR) \| Document type: Legal Articles/Analyses/Commentaries
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
AFFAIRE M.R. c. SUISSE (Requête no 6040/17) no violation of article 2 or 3 ECHR 16 June 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): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Rejected asylum-seekers \| Countries: Iran, Islamic Republic of - Switzerland
Switzerland: Judgement FAC E-6713_2019 of 9 June 2020[1538] The judgment deals with the question of when asylum applications must be referred to the extended procedure due to their complexity instead of being decided under the accelerated procedure. 9 June 2020 \| Judicial Body: Switzerland: Tribunal administratif fédéral \| Document type: Case Law \| Topic(s): Asylum-seekers - Refugee status determination (RSD) / Asylum procedures \| Countries: Iran, Islamic Republic of - Switzerland
UNHCR-Stellungnahme Zur Parlamentarischen Initiative 17.423: Mitwirkungspflicht im Asylverfahren. Über-prüfungsmöglichkeit bei Mobiltelefonen. Vorentwurf und erläuternder Bericht der Staatspolitischen Kommission des Nationalrates vom 14. Februar 2020 June 2020 \| Publisher: UN High Commissioner for Refugees (UNHCR) \| Document type: Policy/Position Papers
Switzerland: Judgement FAC D-2186_2020 of 4 May 2020[1537] The legal representative of the asylum seeker from Afghanistan refused to participate in the « Dublin » hearing due to Covid-19. The hearing had been conducted without any legal representative and the SEM decided on the asylum seeker’s transfer to Germany. The FAC concludes that the absence of a legal representative was due to justifiable good cause. Thus, the hearing has no effect. 4 May 2020 \| Judicial Body: Switzerland: Tribunal administratif fédéral \| Document type: Case Law \| Topic(s): COVID-19 - Legal representation / Legal aid - Refugee / Asylum law \| Countries: Afghanistan - Switzerland

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