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of proportionality, which generally applies to revocation of residence permits, in cases where temporary admission is withdrawn.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.
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.
The Federal Administrative Court (FAC) confirmed that Eritrean citizens whose applications for asylum have been rejected may be deported back to Eritrea even if they risk being called up for national service upon return to Eritrea. The obligation to work for the state, the low pay and the indefinite time of the national service, constitutes a disproportionate burden, but does not prevent the enforcement of a deportation order.