Switzerland

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of proportionality, which generally applies to revocation of residence permits, in cases where temporary admission is withdrawn.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

August 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Legal Articles/Analyses/Commentaries

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

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

The FAC suspended the transfer of a Syrian refugee, who allegedly suffered ill-treatment by Croatian authorities, to Croatia under the Dublin III Regulation.

12 July 2019 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Asylum-seekers - Expulsion - Refugee status determination (RSD) / Asylum procedures | Countries: Switzerland - Syrian Arab Republic

March 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

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

August 2017 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

9 June 2017 | Publisher: Switzerland: Tribunal administratif fédéral | Document type: Legal Articles/Analyses/Commentaries

June 2017 | Publisher: European Council on Refugees and Exiles | Document type: Regional Reports