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Iran and Pakistan are not safe third countries for refugees from Afghanistan, says the Federal Administrative Court in several new rulings. It is thus opposing the State Secretariat for Migration.
Anyone who is acutely threatened by the Taliban in Afghanistan and therefore wants a humanitarian visa from Switzerland must flee to Pakistan or Iran. Because Switzerland has embassies there. However, Switzerland temporarily closed its representation in Kabul in August 2021 and withdrew its staff for security reasons.
However, Switzerland is extremely restrictive when it comes to issuing humanitarian visas. According to the State Secretariat for Migration (SEM), there is no systematic practice of considering Iran or Pakistan as a safe third country; each individual case is carefully examined. However, the AsyLex association, which legally represents asylum seekers, sees things somewhat differently. According to managing director Michel Brülhart, there were around twenty similar cases and: “The SEM rejected them all pretty much across the board.”
Iran and Pakistan not sure
Now the Federal Administrative Court has slapped the SEM on the fingers. Three times in the last few weeks. According to the Federal Administrative Court, based on current sources, it is to be feared that Afghan nationals will be forcibly returned from Pakistan to Afghanistan. And in the case of Iran, the Federal Administrative Court assumes, based on the available data, that forced repatriations cannot be ruled out.
In a decision that has now been published, the Federal Administrative Court even directly instructs the SEM to issue humanitarian visas to a former Afghan public prosecutor and his family. This has never happened before, says Valerio Priuli, lecturer in migration law at the Zurich University of Applied Sciences. “There have been reports of forced returns of Afghan nationals to Afghanistan for a long time, and the court has now assessed the situation differently than the SEM in several cases.”
Praise and criticism of the Federal Administrative Court
This is not a change in practice in the legal sense, but a new assessment of the situation in Iran and Pakistan. Because of the threat of deportations to Afghanistan, Iran and Pakistan can no longer be considered safe third countries. This new assessment of Switzerland is likely to be important for quite a few people. Namely for particularly vulnerable Afghans who make it to a neighboring country.
The AsyLex association is pleased about these new rulings by the Federal Administrative Court. However, he criticizes the fact that the Federal Administrative Court took over a year to make its judgments – even though those affected claimed an acute risk. The association has therefore submitted a supervisory notice to the Federal Court. The Federal Administrative Court does not want to comment on request; it will only comment on the accusation to the Federal Court.