A. (Eritrea) v State Secretariat for Migration
CH: FAC held that the principle of proportionality must be duly applied in assessing the revocation of provisional admission and the private interest of the applicant may outweigh the public interest of removal
In the present case, A., an Eritrean national, was rejected the application for international protection by the State Secretariat for Migration (SEM) in a decision of 16 October 2016. The SEM had assessed the applicant’s statements as not plausible and concluded that there was inexistent proof for a fear of persecution. However, due to the situation in Eritrea and his personal situation, the return was considered not reasonable and he was provisionally admitted in Switzerland by the same decision. On 13 June 2019, the SEM informed the applicant that he no longer met the requirements for provisional admission as the situation in Eritrea makes it possible to implement the return. In the absence of observations from the applicant, SEM withdrew provisional admission on 28 June 2019. The applicant appealed the decision and the Federal Administrative Court concluded that the provisional admission of the applicant should be maintained.
The Court took due consideration of the personal circumstances of the applicant: age of the applicant, the length of his stay in Switzerland, his degree of integration and the fact that he had not been the subject of any criminal conviction, prosecution or act of default of goods and held that the private interest of the applicant in staying in Switzerland outweighs the public interest in his removal.
The Federal Administrative Court held that the SEM must apply the principle of proportionality when deciding to lift provisional admission. The Federal Administrative Court ruled that considering the large number of substantive rights granted under provisional admission, the examination conducted to lift such status is not the same as the examination carried out for granting provisional admission. The loss of provisional admission can have significant consequences on founded life plans and in relation to the situation of persons legally present in Switzerland. The SEM must apply the principle of proportionality as it does for the revocation of residence permits.
Eritrea; Humanitarian Protection/ Temporary Residence; Renewal/Withdrawal/Revocation of Protection;
Federal Administrative Court website
Switzerland, Federal Administrative Court [Bundesverwaltungsgericht - Tribunal administratif fédéral - FAC], A. (Eritrea) v State Secretariat for Migration, E-3822/2019, 28 October 2020. Link redirects to the English summary in the EASO Case Law Database.