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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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Judgment FAC E-1998/2016 of 21 Dec. 2017

The court ruled that asylum-seekers have the right to challenge decisions of the SEM if they applied the criteria for the allocation of responsibility of the Dublin III Regulation incorrectly.

21 January 2018 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Family reunification | Countries: Germany - Switzerland

Switzerland: Judgement FAC E-962_2019 of 17 Dec. 2019[1533]

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 | Topic(s): Asylum-seekers - Right to health | Countries: Switzerland

S.F. and Others v. Bulgaria

7 December 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Police - Prison or detention conditions | Countries: Bulgaria - Iraq - Switzerland

Judgment D-5800/2016, 13 October 2017

The question of whether a removal to Afghanistan – particularly to Kabul – is reasonable, is addressed by the FAC (Erw. 6, p. 8ff.).

13 October 2017 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Expulsion - Hazara - Security situation | Countries: Afghanistan - Switzerland

Urteil D-2311/2016 vom 17. August 2017

17 August 2017 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Deportation / Forcible return - Forced labour - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Refugee status determination (RSD) / Asylum procedures | Countries: Eritrea - Switzerland

A. gegen Staatssekretariat für Migration (SEM)

26 July 2017 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Family reunification - Refugee status determination (RSD) / Asylum procedures - Right to family life | Countries: Eritrea - Switzerland

M.O. v. Switzerland

20 June 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Credibility assessment - Exhaustion of domestic remedies - Expulsion - Forced labour - Freedom from torture, inhuman and degrading treatment | Countries: Eritrea - Switzerland

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

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

A.I. c. Suisse

http://www.asylumlawdatabase.eu/en/content/ecthr-na-v-switzerland-no-5036414-ai-v-switzerland-no-2337815-articles-2-and-3-30-may-2017

30 May 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Refoulement - Right to life | Countries: Sudan - Switzerland

N.A. c. Suisse

http://www.asylumlawdatabase.eu/en/content/ecthr-na-v-switzerland-no-5036414-ai-v-switzerland-no-2337815-articles-2-and-3-30-may-2017

30 May 2017 | Judicial Body: Council of Europe | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Refoulement - Right to life | Countries: Sudan - Switzerland

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