Administration of justice / Rule of law / Due process / Procedural fairness

In a landmark judgment, the Federal Administrative Court acknowledged the existence of a new specific circumstance that goes against the granting of family asylum. In addition, it considered that the result of the assessment of evidence made in the original, already concluded, asylum procedure cannot be simply transposed to the subsequent family asylum procedure. The right to be heard must be granted again and the results assessed separately.

1 July 2020 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Refugee status determination (RSD) / Asylum procedures - Right to family life - Rule of law / Due process / Procedural fairness | Countries: China - Switzerland

It finds that, although asylum-seekers are not entitled to have their asylum application processed in one of the two types of procedures, an infringement of the right to an effective appeal within the meaning of Article 29a of the Swiss Federal Constitution and Article 13 in relation to Article 3 ECHR may arise if, despite the complexity of the matter, a decision is made, incorrectly, not to opt for an extended procedure and therefore the short time limit for appeal applies instead of the standard one.

9 June 2020 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Appeal / Right to appeal - Refugee status determination (RSD) / Asylum procedures - Rule of law / Due process / Procedural fairness