Press release regarding judgment F-3406/2022
Humanitarian visa for Afghan persons at risk
The Federal Administrative Court has granted an Afghan family with a higher risk profile a visa on humanitarian grounds.
A former Afghan public prosecutor fled to Pakistan with his family. In February 2022, he and his family applied there to the Swiss Embassy for a humanitarian visa. In July 2022, the State Secretariat for Migration (SEM) denied their applications. The applicants appealed this decision to the Federal Administrative Court.
Individual risk profile required
Applications for visas on humanitarian grounds are subject to restrictive prerequisites. These are deemed met where, due to the specific circumstances of the case, it is evident that the applicant is especially at risk in his home country or country of origin. This may be the case in the event of acute war acts or specific individual threats which endanger the applicant more than other persons.
As a former public prosecutor who co-operated with international organisations and who claims also to have investigated terrorist acts of the Taliban’s doing, the appellant is exposed to a higher risk of persecution in Afghanistan. In the present case, this applies equally to his family. Moreover, the appellants also face an actual risk of forced deportation from Pakistan to Afghanistan. In this specific case, it is assumed that the appellants face an immediate, specific and serious threat to life and limb. Against this backdrop, they must be issued humanitarian visas.
This judgment is final and may not be appealed to the Federal Supreme Court.