EDAL case summaries
Country of Decision: Switzerland
Country of Applicant: Syria
Keywords: Dublin Transfer, Inhuman or degrading treatment or punishment, Non-refoulement, Torture
The State Secretariat for Migration (SEM) must carry out an individualised examination to determine whether there are substantial grounds for believing that the asylum procedure of the Member State where the applicant shall be transferred to has systemic weaknesses that would entail a risk of inhuman treatment or chain deportation.
Date: 12-06-2019
Country of Decision: Switzerland
Country of Applicant: Morocco
Keywords: Dublin Transfer, Individual threat, Inhuman or degrading treatment or punishment, Medical Reports/Medico-legal Reports, Non-refoulement, Real risk, Refugee Status, Request to take back, Responsibility for examining application, Serious harm, Torture
According to the principle of non-Refoulement, Switzerland is obliged to apply Art. 17 Dublin-III-Regulation, examining an asylum application, if otherwise a provision of public international law could be infringed.
That is the case when there is substantial evidence indicating that an asylum seeker will be tortured again in his home country, but the originally responsible state denied asylum and decided to deport the person. It needs to be examined, whether and to what extent the authorities...
Date: 05-09-2017
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