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30/01/2017
CH: Eritreans leaving their country illegally no longer face punishment upon return amounting to persecution

ECLI
Input Provided By
EUAA Asylum Report
Source
Refworld
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Judgment
Relevant Legislative Provisions
Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC;
Reference
Switzerland, Federal Administrative Court [Bundesverwaltungsgericht - Tribunal administratif fédéral - FAC], A. (Eritrea) v Staatssekretariat für Migration (SEM), D-7898/2015, 30 January 2017. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=61
Case history
Related cases:
Abstract

(provided by UNHCR): The FAC ruled that Eritreans leaving their country illegally no longer face punishment upon return amounting to persecution. Without specifying this further, the Court held that “other factors” had to come to play to constitute a well-founded fear. The possibility of a recruitment could amount to a violation of Art. 3 and 4 ECHR, but was not relevant under the 1951 Convention.
Country of Decision
Switzerland
Court Name
CH: Federal Administrative Court [Bundesverwaltungsgericht - Tribunal administratif fédéral - FAC]
Case Number
D-7898/2015
Date of Decision
30/01/2017
Country of Origin
Eritrea
Keywords
Assessment of Application
Country of Origin Information
Eritrea
EUAA Country Guidance Materials