Immigration law / Family reunification

This case concerned the strict application of a waiting period for family reunification in Switzerland, aligning its case law with M.A. v Denmark (ECtHR).

24 November 2022 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Family reunification | Countries: Switzerland

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

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

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 | Document type: Case Law | Topic(s): Family reunification - Refugee / Asylum law - Safe third country | Countries: Eritrea - Switzerland

Question about granting second asylum to a Chinese national of Tibetan ethnicity born in India. Second asylum, within the meaning of Art. 50 LAsi, does not presuppose recognition as a refugee in a first state of asylum that is a signatory to the Refugee Convention.

4 July 2019 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Family reunification - Freedom of movement - Passports - Refugee / Asylum law - Visas | Countries: China - Switzerland

28 May 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

1 May 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

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

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

The court ruled that asylum-seekers have the right to challenge decisions of the SEM if they applied the criteria for the allocation of responsibility of the Dublin III Regulation incorrectly.

21 January 2018 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Family reunification | Countries: Germany - Switzerland