Update: 05.05.2014

International feedback: asylum law

In the following we have chosen some citations on the subject. At the end of each original citation you can find the source with a link to the complete text of the citation.

Committee against Torture CAT

«The State party should consider modifying its legislation to allow an assessment of the risk involved and take measures to ensure for a person expelled under article 68, paragraph 4, of the Federal Act on Foreign Nationals of 2005 and article 5, paragraph 2, of the Federal Asylum Act of 1999, that the expulsion proceedings comply with article 3 of the Convention. It should also allow appeals against, and the suspension of, expulsion orders.»

Human Rights Committee CCPR

«The State party should fully comply with the principle of non-refoulement for persons subjected to persecution by non-State actors and ensure the application of the jurisprudence of the Administrative Federal Tribunal in this regard.»

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«The State party should protect the fundamental rights of persons whose asylum application has been rejected and provide them with an adequate standard of living and health care.»

European Commission against Racism and Intolerance ECRI

«As regards the asylum procedure, ECRI stresses the need to ensure that the introduction of accelerated procedures does not represent a weakening of the rights of asylum seekers, inter alia to have their case considered an an individual basis and on tis own merits, and to lodge an appeal against negative decisions with sufficient time and access to legal assistance to make a proper case.»

European Human Rights Commissioner

«Out of hand rejection "NEM" and its consequences, present situation:stop rejecting applications out of hand when people are unable to produce identity papers within 48 hours of being asked to do so, and take all decisions on entitlement to reside in Switzerland on the basis of a series of cumulative indications, having first conducted a personal interview with the applicant, at which he/she has legal and linguistic assistance; extend the five-day period currently allowed for appealing against a decision to reject an application out of hand, and provide the applicant, from the time that period starts, with legal assistance and an interpreter, if needed; abolish the possibility of demanding procedural costs; give people whose applications have been rejected out of hand reasonable time to leave the country (with the Swiss authorities’ assistance and possibily positive incentives) before treating them as illegally resident, with all the effects which that entails; restore entitlement to social assistance for people whose applications are rejected out of hand.»

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«Out of hand rejection "NEM" and its consequences, measures under discussion: bring humanitarian protection, and also the concept of persecution by non-state protagonists, into the laws on asylum; not give asylum-seekers whose applications have been considered and rejected the status currently assigned to those whose applications are rejected out of hand; reduce, instead of increasing, the maximum period of detention prior to deportation.»

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