The applicants, Afghan nationals, were rejected international protection in Switzerland by decision of 15 October 2019, for lack of credibility, and a subsequent application was also rejected by decision of 3 February 2020. The applicants appealed against on 21 February 2020 and the Tribunal suspended the execution of the return as super provisional measure. On 6 March 2020 and later in June 2021 the applicants submitted medical documents on the health state of the applicants.

The Federal Administrative Tribunal noted that once a negative decision is adopted, the determining authority issues a return decision and orders its implementation. The implementation of the return is executed if it is licit, possible and could reasonably be expected. If these requirements are not met, the provisional admission shall be pronounced. The three conditions of the provisional admission according to the Law on foreigners and integration, art. 83 par. 2-4 are alternative, it is sufficient that only one is met for the return not to be implemented. The execution of the return can not be carried out if the applicant would be in danger in his country of origin or his region, for example in case of war, civil war, generalised violence or medical necessity.

In the present case, the FAC held that the security and humanitarian situation in Afghanistan is so difficult that a situation of danger is presumed for nationals from this country, independent of the circumstances of the case. Regarding third country nationals originating from Kabul, Mazar-i-Sharif and Herat, it was previously considered that a return to these cities is not reasonably expected unless particular favourable circumstances are present. The applicants also alleged a deterioration of their medical situation following the first negative decision and the FAC noted that the applicant is dependent of his entourage due to his medical state and of his wife which herself is in a psychological condition requiring surveillance. In light of the situation in their country of origin and of the deterioration of their medical condition, the FAC annulled previous decision with regard to return and ordered provisional admission to be granted to the applicants.