Case Law

On 11 February 2020, the Swiss Federal Administrative Tribunal (TAF) ruled in case F-7195/2018 concerning the Dublin transfer of an asylum seeker to Bulgaria that there are no systemic flaws in the asylum procedure and in the reception conditions for applicants in Bulgaria, and that there is no reason for a complete suspension of Dublin transfers to Bulgaria. The court ruled that the Swiss asylum authority SEM should assess on a case-to-case basis whether a Dublin transfer must be suspended. This examination could include obtaining concrete and prior guarantees from the Bulgarian authorities. A transfer is only possible if the possibility that the asylum-seeker concerned would be subjected to inhuman and degrading treatment on his return to Bulgaria is excluded. In this particular case, the appeal against the transfer decision was made by the applicant, arguing that she suffered from post-traumatic stress disorder which could not be treated adequately in Bulgaria, that she risked not being able to access the regular reception services due to the fact that her asylum application had already been rejected by the Bulgarian authorities, that she even risked being detained and subjected to inhuman conditions and that she finally risked being returned to her country of origin contrary to the principle of non-refoulement. Taking her particular circumstances into account, the TAF quashed the transfer decision and upheld the appeal, ruling that even though there are no systemic deficiencies in the asylum system in Bulgaria, the transfer decision should be based on a detailed analysis of all relevant circumstances of the asylum seeker.

11 February 2020 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Freedom from torture, inhuman and degrading treatment - Post-traumatic stress disorder (PTSD) - Reception - Rejected asylum-seekers | Countries: Bulgaria - Sri Lanka - Switzerland

asylum seekers’ detention is arbitrary and contrary to their right to liberty if the State fails to demonstrate on an individual basis that their continuous indefinite detention is justified, and that other, less intrusive, measures could not achieve the same end of compliance with the State’s need to respond to security concerns. In addition, the HRC considers that the combination of the arbitrary character and indefinite nature of the authors’ protracted detention, the absence of procedural guarantees to challenge the detention and the difficult conditions of detention, cumulatively inflict serious psychological harm that amount to “cruel, inhuman or degrading treatment” under the ICCPR.

2 May 2016 | Judicial Body: UN Human Rights Committee (HRC) | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Immigration Detention | Countries: Afghanistan - Australia - Iran, Islamic Republic of - Sri Lanka

7 August 2015 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - International Covenant on Civil and Political Rights (ICCPR) - Right to liberty and security - Right to life | Countries: Canada - Sri Lanka

5 May 2015 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Freedom from torture, inhuman and degrading treatment - Freedom of religion - Minority rights - Persecution based on political opinion - Religious discrimination - Religious persecution (including forced conversion) | Countries: Australia - Sri Lanka

13 April 2015 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Asylum-seekers - Freedom from torture, inhuman and degrading treatment - Minority rights - Well-founded fear of persecution | Countries: Australia - Sri Lanka

3 April 2014 | Judicial Body: Canada: Federal Court | Topic(s): Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Tamil - Well-founded fear of persecution | Countries: Canada - Sri Lanka

18 September 2012 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Tamil | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

13 December 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Children's rights - Expulsion - Freedom from torture, inhuman and degrading treatment - Immigration Detention | Countries: Belgium - Sri Lanka

15 April 2011 | Judicial Body: Australia: Federal Court | Topic(s): Arbitrary arrest and detention - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Mental health | Countries: Australia - Sri Lanka

1 April 2011 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Abduction - Arbitrary arrest and detention - Armed groups / Militias / Paramilitary forces / Resistance movements - Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Persecution of family members - Safe third country | Countries: Australia - Sri Lanka