Travel documents for Afghan citizens without identification documents

An Afghan citizen applied for a passport for foreign nationals, as he did not possess an Afghan travel document. The State Secretariat for Migration (SEM) rejected the request in March 2022. In justification, it explained that because of the current political situation in Afghanistan, the Representation of Afghanistan in Geneva has indeed been unable to issue travel documents since August 2021 and that it was impossible to predict how the balance of power and collaboration between Switzerland and the new government in Afghanistan would develop. Nevertheless, it was not proven that it would be impossible to issue a passport in the future as well. For the SEM, the appellant is therefore not without identification documents.

New passports cannot be obtained
Following an analysis of the current situation in Afghanistan, the Federal Administrative Court (FAC) has concluded that Afghan citizens in Switzerland cannot be expected to travel to Afghanistan to obtain a passport. Moreover, the issue of new passports is neither possible in Switzerland nor in other European countries, whereas an existing travel document can be extended. Given the developments in Afghanistan, it is impossible to predict when travel documents will be once more obtainable.

In the present case, the appellant is without identification documents. The FAC consequently upholds his appeal and refers the case back to the SEM. It must check whether the other requirements for issuing a travel document to foreign persons are met.

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