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13/10/2017
CH: FAC rules on return to Kabul in absence of social network
13/10/2017
CH: FAC rules on return to Kabul in absence of social network

ECLI
Input Provided By
EUAA Asylum Report
Other Source/Information
Type
Judgment
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Switzerland, Federal Administrative Court [Bundesverwaltungsgericht - Tribunal administratif fédéral - FAC], A. (Afghanistan) v Staatssekretariat für Migration (SEM), D-5800/2016, 13 October 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=66
Case history
Other information
Abstract

(abstract provided by UNHCR) The FAC comes to the conclusion that the humanitarian situation in Kabul has deteriorated compared to the FAC's last analysis of the situation in 2011 (BVGE 2011/7 ). The situation is life-threatening and a removal to Kabul is in principle not reasonable. However, the FAC states that in exceptional cases, a removal to Kabul could be reasonable if there were particular factors enabling it (healthy single young men with a sustainable social network, a possibility to secure minimal subsistence needs and a stable housing situation). In this particular case, the FAC found that the applicant's removal to Kabul is not reasonable since there is no sustainable social network and no other particular factors which would enable the applicant's removal. He is therefore granted a provisional admission in Switzerland.
Country of Decision
Switzerland
Court Name
CH: Federal Administrative Court [Bundesverwaltungsgericht - Tribunal administratif fédéral - FAC]
Case Number
D-5800/2016
Date of Decision
13/10/2017
Country of Origin
Afghanistan
Keywords
Assessment of applications
Country of Origin Information (COI)
EUAA Country Guidance Materials
Return/Removal/Deportation
Original Documents