Date: Monday, 03 September 2018
In four percent of the cases, the conditions for a repeal are met: Eritrean refugees demonstrate in Bern for a more humane refugee policy. (18 May 2018)
The State Secretariat for Migration (SEM) is currently reviewing the provisional admission of Eritreans. So far, it has taken the dossiers of 250 people under the microscope. Around 20 of them may lose the status of provisional admission.
At nine percent, the suspension of provisional admission proved to be legally justifiable and proportionate, the SEM announced on Monday. That will lead to around 20 repeal orders. These can be challenged before the Federal Administrative Court.
The result is beyond the many years of experience in the review of preliminary recordings: According to previous experience, the conditions for cancellation in about four percent of cases are given.
Compulsory service already fulfilled
According to the SEM, this is because in the pilot phase, many dossiers have been reviewed by people who can be expected to have already completed their service in Eritrea.
The SEM will now review a further 2,800 preliminary photographs of Eritrean nationals by mid-2019. It carefully examines whether a return to Eritrea in the context of individual circumstances is again reasonable, it writes.
How many people will leave at the end is open: Forced evictions are not possible because Eritrea does not accept them. Anyone who loses the status of provisional admission and does not voluntarily leave the country is only entitled to emergency aid.
Practice tightened
In the summer of 2016, the SEM had tightened its practice towards Eritreans. It decided no longer to grant asylum to Eritrean nationals solely for illegal exit from the country. Experts had come to the conclusion that a return was in principle reasonable for persons who were exempted from or dismissed from the National Service.
The Federal Administrative Court confirmed appropriate asylum decisions. About a year ago, the court ruled that it considered the return of rejected asylum-seekers from Eritrea to their home country basically acceptable. At the end of 2017, the SEM decided to review preliminary interim photographs of some 3,400 Eritreans.
In a further ruling of 10 July 2018, the Federal Administrative Court specified that the return of rejected asylum seekers from Eritrea would be admissible and reasonable even if they were then able to obtain a national service nomination. This decision confirms the current practice of the SEM and thus has no influence on the ongoing review of the preliminary recordings, it says in the message.
Quickly create legal certainty
In the next phase, mainly dossiers of families, unaccompanied minors and young people in training will be examined. The goal is to quickly create legal certainty for these groups, writes the SEM. Thus, ongoing integration measures could continue with those who are likely to stay in Switzerland for the time being.
Subsequently, the orders of all other persons are checked. In each case, it is also examined whether a person has been criminalized since the provisional admission. If this is the case, an annulment procedure is initiated.
Not reviewed are about 400 preliminary shots, which were available from September 2017. For these, the new case law of the Federal Administrative Court has already been taken into account. (Sep / SDA)
