EDAL case summaries
Kabul cannot be considered as a reasonable internal flight alternative for the complainant due to the lack of a sustainable social network for him there and no other particular factors which would enable the applicant's removal . Therefore the complainant does not meet the requirements for a removal to Afghanistan.
A Syrian asylum-seeker successfully challenges a negative asylum decision before the Swiss Federal Administrative Court because of violations of his right to be heard.
In cases of reasonable suspicion that a person applying for asylum was a victim of human trafficking, the Swiss State Secretary for Migration is obliged to clarify the facts thoroughly on its own initiative.
The appeal procedure dealt with the question of whether the complainant is to be classified as a minor according to Article 2 lit. g of the Dublin III Regulation, with the consequence that Article 8 para. 1 of the Dublin III Regulation is applicable and the complainant can therefore remain with her sister in Switzerland. In particular the term “legally present” and the procedure of taking evidence were discussed in depth.
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