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 solely because he/she has already filed an asylum application in another “Dublin state.” Concrete evidence that they are a high flight risk is needed to impose administrative detention.
Furthermore, the Federal Supreme Court stipulates that custody appeals according to the Dublin procedure have to be reviewed by a judge within 96 hours. In this case, the Federal Supreme Court condemned the two-week waiting period until the Federal Administrative Court’s decision for being too long.
- Grundsätze zur Dublin-Haft
Press release from the Federal Supreme Court, 18 May 2016 (pdf, 2 pages in German)
- Federal Supreme Court judgement 2C_207/2016, 2 May 2016 (in German)
- Haftprüfung innert vier Tagen
Article in the NZZ, 18 May 2016 (in German)