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Switzerland: Judgement FAC E-4639_2017 of 25 September 2019[1530]

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

Judgment FAC D-635/2018 of 8 Feb. 2018

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

Medienmitteilung: Ungarn - Das Bundesverwaltungsgericht entscheidet über Dublin-Verfahren mit Überstellung nach Ungarn

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

A. (République démocratique du Congo) c. Secrétariat d'Etat aux migrations (SEM)

31 May 2017 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Asylum-seekers - Refugee / Asylum law - Refugees - Safe third country | Countries: Congo, Democratic Republic of the - Hungary - Switzerland

2016 Country Reports on Human Rights Practices - Switzerland

3 March 2017 | Publisher: United States Department of State | Document type: Annual Reports

A (Eritrea) v. Bundesamt für Migration (BFM)

6 June 2014 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Safe third country | Countries: Eritrea - Israel - Switzerland

A. (Afghanistan) c. Office fédéral des migrations (ODM)

16 August 2011 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Non-refoulement - Safe third country | Countries: Afghanistan - Switzerland

Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland

27 February 2008 | Publisher: European Union | Document type: Bilateral Treaties/Agreements

Urteil vom 3. November 2006, [X] gegen gegen Bundesamt für Migration (BFM)

3 November 2006 | Judicial Body: Switzerland: Commission suisse de recours en matière d'asile | Document type: Case Law | Topic(s): Safe third country | Countries: Switzerland - Türkiye

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