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Switzerland
Country of Decision : Switzerland
Court Name : CH: Federal Administrative Court [Bundesverwaltungsgericht - Tribunal administratif fédéral - FAC]
Date of decision : 30/01/2017
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : D-7898/2015

A. (Eritrea) v Staatssekretariat für Migration (SEM)

Eritrea

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

(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.

Assessment of Application; Country of Origin Information; EASO Country Guidance Materials; Eritrea;

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;

EASO Annual Report on the Situation of Asylum in the EU

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 EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=61