Case law in Swiss asylum law

This section reviews case law, jurisprudence of the Swiss Asylum Recourse Commission, which is now replaced by the Administrative Federal Tribunal. 

The geographical restriction of rejected asylum seekers is commensurate

The Federal Supreme Court sees restricting a rejected Ethiopian asylum seeker as a legitimate way to impel him to return to his home country. This applies irrespective of the fact that forced repatriation is impossible because returning to Ethiopia...

Suspected human trafficking in asylum proceedings – reprimand from the Federal Administrative Court

If human trafficking is suspected in an asylum procedure, the State Secretariat for Migration (SEM) must take action on its own initiative. This detailed and pioneering decision was published the Federal Administrative Court. The cruel practice of...

Federal Supreme Court principles on custody according to the Dublin procedure

On 2 May 2016, the Federal Supreme Court overturned a decision by the Federal Administrative Court and specified the principles on custody according to the Dublin procedure. A person seeking asylum in a Dublin procedure may not be taken into custody...

Currently no Tamil asylum seeker sent back to Sri Lanka

The Federal Administrative Court decided that failed Tamil asylum seekers may not be repatriated to Sri Lanka, after the resurgence of violence between the government and the Tamil Tigers. This decision comes after an appeal made by an asylum...

Asylum requests must be thoroughly examined

The Federal Court published an important decision concerning the implementation of the new asylum law. It stated in its decision of 11 July 2007 that asylum applications from asylum seekers without valid identity papers had to be examined, if there...

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