Federal Administrative Court gives Afghan women the right to asylum
Published: Sunday, Dec 17th 2023, 13:20
Updated At: Sunday, Dec 17th 2023, 13:20
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The Federal Administrative Court has upheld an appeal by two Afghan women against their deportation. Accordingly, they must be granted asylum in Switzerland. The court thus supports the new asylum practice of the State Secretariat for Migration (SEM).
A self-determined life for women and girls in Afghanistan is not possible under the current Taliban regime, concludes the ruling published by the "NZZ am Sonntag". This discrimination is a significant motive for persecution under refugee law, according to the ruling, which is available to the Keystone-SDA news agency.
In September 2022, the SEM rejected the two women's asylum applications and ordered their removal from Switzerland. The Afghan women lodged an appeal against this.
The court has now come to the conclusion that the two women must be recognized as refugees and that the SEM must grant them asylum. The two young single women are exposed to the risk of forced marriage in Afghanistan and have no opportunity to receive an education or pursue a profession.
According to the Federal Administrative Court, returning to Afghanistan would also be associated with "considerable psychological pressure" and would make it impossible for the two women to lead a dignified life. According to the ruling, women who flee the Taliban regime would generally express the fact that the psychological pressure on them is no longer bearable by leaving the country.
Change in practice of the SEM in Parliament
In July of this year, the SEM changed its previous practice and, following a recommendation by the European Asylum Agency (EUAA), decided to grant asylum to women from Afghanistan as a rule.
This decision will be discussed in an extraordinary session of Parliament next Tuesday and Wednesday. The motions by Gregor Rutz (SVP/ZH) and Philipp Bauer (FDP/NE) demand that the SEM's change in practice be reversed.
Since the change in practice, the number of asylum applications from new Afghan women arriving in Switzerland has not yet risen sustainably, as the SEM announced at the end of November. However, the State Secretariat has observed a seasonal rise and an increase in follow-up applications from Afghan women already living in Switzerland. (TAF D-4386/2022)
©Keystone/SDA
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