Switzerland: Facts of asylum request were not fully evaluated and must be reconsidered by State Secretariat for Migration

Tuesday, January 21, 2020

On 21 January 2020, the Federal Administrative Court (case no. D-277/2020) annulled a decision ordering the expulsion of applicant of international protection and referred the case back to the State Secretariat for Migration for reconsideration.

The applicant, a Zimbabwean national, claims that he became focus of police attention following his participation in a protest. As a result, he left Zimbabwe for South Africa before flying to Switzerland. He was provisionally refused entry into Switzerland, but made an application for asylum in a transit zone at Zurich airport. After issuing a non-admission order, the domestic authorities ordered the applicant’s expulsion to South Africa on the grounds that he is obliged to return to the place of departure in the event of refusal of entry into the State. On the day of the decision, the applicant left the transit zone in order to avoid detention and his forced return to a third country of which he was not a national.

The Court noted that the facts of the case were insufficient to have allowed for a full assessment of the asylum request. It also noted that to ensure that the removal of a third country national is carried out in accordance with the law, it must be ensured that the individual may actually be able to legally re-enter the country of return. It held that the facts in this case were not such to allow for this guarantee.

The Court concluded that further factual clarifications are required. Specifically, there must an assurance of readmission that the applicant is able to enter the third country. The case was referred back to the State Secretariat for Migration for reconsideration.

Based on an unofficial translation by the EWLU team.

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is pusexblished but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.



Credibility assessment