Date: Friday, 03 February 2017
https://www.nzz.ch/schweiz/grundsatzenscheid-kein-asyl-fuer-illegal-ausgereiste-eritreer-ld.143367 No asylum for illegally evicted Eritreans 2.2.2017, 5:25 pm The Federal Administrative Court holds, in principle, that Eritreans in Switzerland are no longer granted asylum solely because of their illegal departure from their home country. (sda) Until the middle of last year an illegal departure from the country in the Horn of Africa in Switzerland was regarded as a reason for flight. For those who illegally leave Eritrea risk a prison sentence of up to five years. However, the State Secretariat for Migration (SEM) changed this practice on 23 June 2016. Information gathered on site The basis for this is a facts-finding report on Eritrea published by SEM at the end of June. The SEM had collected information in February and March in Eritrea and examined the conditions under which it was possible to recover. It then decided to adapt the asylum practice. According to SEM, the punishment of the illegal exit from Eritrea is no longer so serious as to justify the refugee status. Eritreans who did not have an "open account" with the military service, that is, had never been offered for the Eritrean national service, were freed from the national service or were released from the national service. Court confirms practice The practice has now been confirmed by the Federal Administrative Court. It is not to be assumed that a person is threatened solely because of his illegal departure from Eritrea, or that there are serious sanctions which would justify an asylum in Switzerland, according to the judgment published on Thursday. For example, illegally displaced persons could easily return and would not be regarded as a traitor or severely punished. This is only the case, "if other factors are added, which make the asylum seeker appear as a disguised person in the eyes of the Eritrean authorities," he continued. Not available The question of whether deserters should be given asylum has not been treated. Nor did the Court of First Instance decide whether it would be unreasonable or unacceptable for expulsions to be temporarily withdrawn because of an imminent confiscation into the National Service or for other reasons. Compulsory abolition is ruled out because Eritrea refuses to take back compulsory labor. The judgment is final and can not be challenged. According to latest figures from the State Secretariat for Migration (SEM), 634 rejected Eritrean asylum seekers are either still pending before the Federal Administrative Court or the appeal period is still in progress. In total, 2016 5178 Eritreans applied for asylum in Switzerland. 42.4 percent was granted asylum, along with the provisionally received the rate was 76.6 percent. --- http://www.1815.ch/news/schweiz/politik/kein-asyl-fuer-illegal-ausgereiste-eritreer-20170202173107/ ASYLUM | Court confirms sharper asylum practice No asylum for illegally evicted Eritreans Source: SDA 02.02.17 Eritrean refugees are no longer granted asylum in Switzerland just because they have left their home country illegally. This was decided by the Federal Administrative Court in St. Gallen in principle. Until the middle of last year an illegal departure from the country at the Horn of Africa in Switzerland was regarded as a refuge. For those who illegally leave Eritrea risk a prison sentence of up to five years. However, the State Secretariat for Migration (SEM) changed this practice on 23 June 2016. According to SEM, the punishment of the illegal exit from Eritrea is no longer so serious as to justify the refugee status. Eritreans who did not have an "open account" with the military service, that is, they had never been offered for the Eritrean national service, were freed from the national service or were released from the national service. The practice was now confirmed by the Federal Administrative Court in a judgment published on Thursday. It must also be checked whether a signposting is admissible or whether the person is given a provisional admission. The court did not comment on that. Compulsory abolition remains excluded, because the country refuses to take back compulsory labor. According to latest figures from the State Secretariat for Migration (SEM), 634 rejected Eritrean asylum seekers are either still pending before the Federal Administrative Court or the appeal period is still in progress. In total, 2016 5178 Eritreans applied for asylum in Switzerland. 42.4 percent was granted asylum, along with the provisionally received the rate was 76.6 percent. February 02, 2017, 17:31 ---Software translation--
