Switzerland: Tribunal administratif fédéral

This case concerned the strict application of a waiting period for family reunification in Switzerland, aligning its case law with M.A. v Denmark (ECtHR).

24 November 2022 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Family reunification | Countries: Switzerland

This case concerned the right of a refugee to change residency between Cantons in Switzerland.

30 September 2022 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Residence permits / Residency | Countries: Switzerland

On 6 July 2022, the Swiss Federal Administrative Court republished its judgment of 6 July 2022, E-2943/2019, as a reference judgment due to its particular relevance for similar cases. The case concerned military service in Syria, and confirmed that refusing to perform military service or leaving Syria illegally do not give rise to a well-founded fear absent other risk-impacting circumstances.

6 July 2022 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription | Countries: Switzerland

The TAF decided in a principle judgment that the right to family life should be taken into account in a Dublin procedure, even if the family member in Switzerland does not have a secure right of residence.

25 January 2021 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Family reunification - Refugee / Asylum law - Residence permits / Residency | Countries: Switzerland - Syrian Arab Republic

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of proportionality, which generally applies to revocation of residence permits, in cases where temporary admission is withdrawn.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

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

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

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

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 legal representative of the asylum seeker from Afghanistan refused to participate in the « Dublin » hearing due to Covid-19. The hearing had been conducted without any legal representative and the SEM decided on the asylum seeker’s transfer to Germany. The FAC concludes that the absence of a legal representative was due to justifiable good cause. Thus, the hearing has no effect.

4 May 2020 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): COVID-19 - Legal representation / Legal aid - Refugee / Asylum law | Countries: Afghanistan - Switzerland