Switzerland: Tribunal administratif fédéral

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

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

The Federal Administrative Court (FAC) confirmed that Eritrean citizens whose applications for asylum have been rejected may be deported back to Eritrea even if they risk being called up for national service upon return to Eritrea. The obligation to work for the state, the low pay and the indefinite time of the national service, constitutes a disproportionate burden, but does not prevent the enforcement of a deportation order.

7 June 2018 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Deportation / Forcible return - Eritreans - Rejected asylum-seekers | Countries: Eritrea - Switzerland

A Kurdish journalist applied for asylum upon her arrival at Zurich Airport. The State Secretariat for Migration (SEM) decided that the application was not admissible in the airport procedure based on the safe third country principle. The SEM considered that the conditions for a safe return to Brazil, where the journalist had been prior to her arrival in Switzerland, were present. The Court held that SEM needs to examine whether Brazil is safe in the particular case of the applicant. Unlike the third countries listed as “safe countries” by the Federal Council, the asylum authorities must take into consideration the characteristics for each individual case to decide whether the third country offers a sufficient protection against refoulement.

8 February 2018 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Safe third country | Countries: Brazil - Switzerland

https://www.bvger.ch/bvger/de/home/rechtsprechung/entscheiddatenbank-bvger.html

30 January 2018 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Legal Instrument: 1951 Refugee Convention | Topic(s): Agents of persecution - Security situation | Countries: Afghanistan - 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

The FAC has reached the conclusion that the Italian asylum system has no systemic weaknesses, including following the Salvini decree, meaning that transfers under the Dublin procedure are still permissible as a basic principle. However, the court has opted to impose restrictions in the case of families and seriously ill asylum seekers, for whom Dublin transfers to Italy will only be permitted again if the Italian authorities give individual guarantees of adequate care and accommodation in advance.

17 December 2017 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Asylum-seekers - Right to health | Countries: Switzerland

17 August 2017 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Deportation / Forcible return - Forced labour - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Refugee status determination (RSD) / Asylum procedures | Countries: Eritrea - Switzerland

26 July 2017 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Family reunification - Refugee status determination (RSD) / Asylum procedures - Right to family life | Countries: Eritrea - Switzerland