Afghan widow and her children do not receive a humanitarian visa
Published: Friday, Apr 12th 2024, 12:10
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A widow from Afghanistan has rightly not been granted a humanitarian visa because she is not exposed to a greater risk than the rest of the population. This was decided by the Federal Administrative Court. The woman had submitted a visa application to the Swiss embassy in Pakistan for herself, her two daughters and her underage son.
For a humanitarian visa to be issued, a person must be in immediate, serious and specific danger to life and limb. A hypothetical danger is not sufficient. This was stated by the Federal Administrative Court in a landmark ruling published on Friday.
It confirms the view of the State Secretariat for Migration (SEM) that the Afghan woman and her children should not be granted visas simply because they do not have a male head of family.
According to the court, the characteristic of female gender is not sufficient to justify a risk as required by the regulation on entry and visa issuance, even taking into account the circumstances in Afghanistan.
The court did not consider the woman's statements that she had received threatening letters because she had not followed the Taliban's rules to be sufficiently substantiated. Belonging to the Hazara ethnic group did not change the situation either.
Different procedures
The granting of a humanitarian visa is subject to different conditions than the recognition of refugee status in the asylum procedure, writes the Federal Administrative Court with regard to the practice for asylum-seeking women from Afghanistan that has been in place since last summer.
At the time, the SEM established a practice whereby women from Afghanistan are considered victims of discriminatory legislation and religiously motivated persecution.
This judgment is final and cannot be appealed. (Judgment F-1451/2022 of 27.3.2024)
©Keystone/SDA
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