Dublin procedure: Switzerland not responsible

A Turkish national who had been living in Germany since 2006 was sentenced to imprisonment for her membership of a foreign terrorist organisation, expulsed from Germany, and barred from entering and residing in the country for a period of 20 years. In January 2024, she travelled directly from Germany into Switzerland and applied for asylum. 

If a person from a third country such as Turkey applies for asylum in Switzerland, the State Secretariat for Migration (SEM) is required to verify whether another Dublin State is responsible for processing the application. As part of its verifications, the SEM asked the German authorities to take charge of the applicant. These authorities confirmed that they were responsible and agreed to take charge. As a result, the SEM dismissed the Turkish national’s asylum application and ordered her transfer to Germany. The Turkish national appealed this decision to the Federal Administrative Court (FAC). 

In its judgment of 24 May 2024, the FAC upheld the decision of the SEM. Pursuant to the Dublin III Regulation, Germany is responsible for examining this application for asylum. Neither an obligation under international law nor any humanitarian grounds require the transfer of that responsibility to Switzerland. The ban on entry and residence issued against the appellant in Germany does not prevent her transfer to Germany as part of a Dublin procedure. The ban does not affect Germany’s responsibility for processing the asylum application.

This judgment is final and may not be appealed to the Federal Supreme Court.