EDAL case summaries

The applicant appealed the Migration Court’s decision to dismiss his application for asylum on grounds of the availability of an internal protection alternative in the applicants home country of Afghanistan.

The Migration Court of Appeal granted the appeal as it was held that the question of internal protection can only be assessed after the court has made an individual assessment of the original grounds for protection invoked by the applicant.
 

The fact that a person has been the subject, in the past, of a decision excluding him from refugee status cannot automatically permit the finding that the mere presence of that person in the territory of the host Member State constitutes a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society. A case-by-case assessment is necessary before a measure based on grounds of public policy or public security is adopted. This assessment includes weighing the threat against the protection of the rights of EU citizens and their...

The applicant, a national from Sierra Leone who claimed asylum in Switzerland on the grounds of persecution owing to his homosexuality, is found not to be at risk of treatment prohibited under Article 3 of the Convention in case of return to his country of origin. In substance, the Court recalls that national authorities are in the best position to carry out this risk assessment and recalls the UNHCR Guiding Principles on asylum claims based on sexual orientation, which require the evaluation of the risk through individual assessment, in addition to the examination of the country’s...

A waiver to file an appeal against custody prior to deportation is only possible under strict conditions. Particularly there has to be a qualified legal representation when signing the waiver.

The risk of absconding in the sense of Art. 76a Residence Act cannot be assumed because of the mere fact that another state is responsible for the asylum procedure of that person.