The renewed seizure of power in Afghanistan by the Taliban has been unsettling people all over the world since 2021. Switzerland was able to evacuate 387 persons out of the country and transferred them to Switzerland. Switzerland is now focusing its assistance on humanitarian aid on the ground.
Many Afghan people in Switzerland, as well as Swiss nationals, have been concerned about the fate of their compatriots and people remaining in Afghanistan. Many questions arise in this context - the most important ones are answered below.
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Faktenblatt «Praxisänderung weibliche afghanische Asylsuchende» (PDF, 87 kB, 21.06.2024)
(This document is not available in English)
Direct links to:
- Evacuation efforts of Switzerland
- Resettlement from Afghanistan and accommodation in Switzerland
- Humanitarian Visas
- Family reunion
- Acceptance of further refugees from Afghanistan
- Help on the ground
- Assessment of asylum applications from Afghan nationals
- Deportations of Afghan Asylum Seekers
- Migration Crisis
- Fact sheet
Evacuation efforts of Switzerland
How many people has Switzerland evacuated from Afghanistan?
As of 27th August 2021, Switzerland has evacuated 387 people from Afghanistan. This is Switzerland's most extensive evacuation operation to date. Of the 387 people, 219 people were part of the resettlement contingent that took in the Swiss Agency for Development and Cooperation’s approximately 40 local employees (Afghan nationals) and their families, 34 people were Swiss nationals, and 41 people had regular residency in Switzerland.
For details please refer to the FDFA media release of 27th August 2021.
Does Switzerland have a representation in Afghanistan?
Switzerland temporarily closed the Cooperation Office of the Swiss Agency for Development and Cooperation (SDC) in Kabul on 15th August 2021 and withdrew its staff in light of current developments.
For details please refer to Swiss Cooperation Office and Consular Agency in Afghanistan
Resettlement from Afghanistan and accommodation in Switzerland
How many people were admitted from Afghanistan under the resettlement programme?
Under the resettlement programme, 219 local, Afghan employees of the SDC or their dependants were transferred after the Taliban came to power in August 2021.
What is the legal basis for the admission of the Afghan nationals?
The admission is based on a decision of the FDJP of 13th August 2021 based on Art. 56 AsylA, according to which the FDJP can grant asylum to smaller groups of refugees. For larger groups of refugees, the Federal Council decides. The FDJP has decided to count the admission of these persons against the existing resettlement quota for the years 2020/21.
Where are the admitted persons staying?
After their arrival in Switzerland, persons were allocated to various Federal Asylum Centers (BAZ), medically treated, their identities checked and their personal data recorded. They do not undergo an asylum procedure in the BAZ (hence they will not be interviewed about their grounds for asylum), but only the processes for identification checks (the taking of fingerprints, etc.) as well as the preparation of their transition to one of the cantons. Upon leaving the BAZ, all persons receive a positive asylum decision according to Art. 56 AsylG. For integration purposes, they are distributed among the cantons and undergo the cantonal integration programmes there.
How were the admitted persons distributed?
The persons were distributed as evenly as possible among the federal asylum centres (BAZ). Care was taken to ensure that families could remain together. After their stay in the BAZ, the persons are distributed according to the resettlement distribution key to those cantons that have not yet exhausted their admission quota.
Are the cantons compensated?
The cantons are compensated by the payment of the according social assistance lump sums.
Did a security check take place for the persons admitted?
Yes, security checks on local employees were carried out at the time of their recruitment. In the context of the evacuation from Afghanistan, the FIS ran checks on these persons once more prior to departure - according to the list of persons to be evacuated – in relation to the question whether they pose a risk to the internal and external security of Switzerland. This check did not lead to any security-relevant findings regarding the entry of these persons. As part of the identity check, the SEM once again ran checks through the Eurodac, SIS and RIPOL databases.
How are the admitted persons integrated? Do the children attend schools?
The integration of the admitted persons and the enrolment of school-age children lies in the responsibility of the cantons. After their arrival in the cantons, the resettlement refugees undergo an integration programme based on the KIP (Cantonal Integration Programmes).
Are the admitted persons allowed to remain in Switzerland?
Persons who are granted asylum are entitled to a residence permit in the canton in which they are legally residing (Art. 60 para. 1 AsylA). The granting of the settlement permit is governed by Art. 34 AIG.
What is a laissez-passer?
A laissez-passer is basically a substitute travel document and is issued when a foreign person without a travel document is granted entry into Switzerland. Currently, no laissez-passer are issued in Afghanistan, as Switzerland does not have a diplomatic representation there.
Whom was issued a laissez-passer to?
During the evacuation in Kabul in August 2021, laissez-passer were issued as an "emergency measure" to allow access to the airport in Kabul and to the evacuation planes, regardless of whether a person had a travel document.
Are there any Afghan nationals among those who had travelled to Afghanistan who already have a B or C permit for Switzerland?
Yes, these are people who have ordinary residence permits under the Federal Act
on Foreign Nationals and Integration but do not have asylum or refugee status. Therefore, there is no prohibition for these persons to travel to their home country. Two persons with a temporary admission without refugee status (Permit F) travelled to Afghanistan on the basis of an express travel permit issued by the SEM. In addition, there are persons who had received an entry permit from the competent cantonal authorities within the framework of family reunification in accordance with the ordinary provisions of the Federal Act on Foreign Nationals and Integration.
What does the transfer of these 219 persons to Switzerland mean for the current resettlement programme 2020/21?
The implementation of the current 2020/21 resettlement programme has generally fallen behind due to the Corona pandemic. The maximum quota of 1,600 admissions by the end of 2021 is not expected to be fully reached even with the admissions from Afghanistan. In case the quota is not fully reached, the difference in numbers will be added onto the quota of the next resettlement programme (2022/23).
How much does the reception and integration of a resettlement refugee cost on average per year?
The cantons receive an annual global lump sum of CHF 18,000 per person for seven years for the admission of resettlement refugees and a one-off integration lump sum of the same amount. In addition, there are travel expenses for their transfer to Switzerland.
Humanitarian Visas
Who can apply for a humanitarian visa?
Persons whose life and limb are in concrete, immediate and serious danger in their home country or country of origin may submit an application for a humanitarian visa in person to a Swiss diplomatic mission or consular post abroad that is entitled to issue visas (Art. 4 para. 2 of the Ordinance on Entry and the Issuance of Visas [VEV]). There is no legal entitlement to the issuance of a visa.
Where can an application for a humanitarian visa be submitted?
At present, an application for a humanitarian visa can only be submitted to a Swiss representation outside the territory of Afghanistan, which is entitled to issue visas (e.g. in Islamabad, New Delhi, Tehran, Istanbul, Doha).
Is it not illusory to require the threatened persons to submit their request for a humanitarian visa outside Afghanistan?
Currently, Switzerland does not have a representation in Afghanistan and thus does not have the necessary means to issue visas on the spot. Currently, only foreign missions outside of Afghan territory are able to do so.
Is there at least a possibility to find out in advance whether the application for a humanitarian visa has a chance of being issued?
There is a possibility to request informal advice on the chances in writing from a Swiss representation. Such a request must be sufficiently substantiated and proven so that a preliminary assessment can be made (this includes a description of the immediate, concrete and serious threat, data on the person concerned, and a description of the connection to Switzerland). General and unsubstantiated statements are not sufficient. The initial examination is an informal preliminary assessment; a final examination and a formal decision are only possible during the personal interview with the Swiss representation.
Who examines the application for a humanitarian visa?
The Swiss diplomatic mission abroad examines the applications in cooperation with the SEM. There is no legal entitlement to the issuance of a visa.
What criteria must be met for the issuance of a humanitarian visa?
For the issuance of a humanitarian visa, two basic criteria must be met cumulatively:
- An immediate, specific and serious threat to life and limb must be demonstrated. Based on the situation in Afghanistan, this must be an individual and specific, directly life-threatening danger (membership in a possibly endangered group is not sufficient).
- In addition to the immediate, serious and specific threat to life and limb, other criteria such as the existence of ties to Switzerland and the prospects of integration here or the impossibility of seeking protection in another country may also be taken into account. The current and close connection to Switzerland is of particular importance when granting a visa. The criterion of the connection to Switzerland is part of an overall assessment. Such a connection to Switzerland may be given in particular if:
- close and regularly maintained and lived family relationships exist with relatives (parents, grandparents, aunt, uncle) residing in Switzerland (Swiss citizens or persons with a residence or permanent residence permit); or
- there is evidence of a long previous stay in Switzerland with close ties to Switzerland; or
- an exposed gainful activity for an organisation based in Switzerland until immediately before the Taliban came to power is proved. Working as a lawyer or actively promoting human rights can be regarded as an exposed activity. The carrying out of purely auxiliary activities, such as an employment as chauffeurs, cooks, gardeners or cleaners, is not sufficient.
- close and regularly maintained and lived family relationships exist with relatives (parents, grandparents, aunt, uncle) residing in Switzerland (Swiss citizens or persons with a residence or permanent residence permit); or
Whether the connection to Switzerland is sufficiently current and close is determined by the specific circumstances of the individual case.
Is it possible to leave the country of residence with a humanitarian visa?
With the issuance of a humanitarian visa pursuant to Art. 4 para. 2 VEV, the person concerned is entitled to enter Switzerland. However, this does not guarantee effective departure from the country of residence. The person concerned is responsible for organizing his or her departure from the country of residence.
Certain states do not allow the person to leave the country if he or she is staying illegally and/or does not have a passport from his or her home country. A laissez-passer issued by Switzerland does not serve as a substitute for a passport and only entitles the holder to enter Switzerland. The Swiss authorities have no influence on these restrictions in the country of residence.
Family reunion
For whom is there the possibility of family reunification?
For members of the nuclear family (spouses and unmarried children up to the age of 18), there is the possibility of family reunification in accordance with the applicable provisions under the Federal Act on Foreign Nationals and Integration or the Asylum Act.
Where must the applications be submitted and who examines them?
The authority to which applications for family reunification must be submitted differs depending on the residence / settlement permit of the person living in Switzerland:
- Applications from foreign persons with a residence permit B (Art. 44 AIG) or a settlement permit C (Art. 43 AIG).
Applications must be submitted to the competent migration authority of the applicant's canton of residence. The canton is responsible for assessing the application and answering any questions in this regard. In addition, the person to be reunified with must submit a visa application to a Swiss representation with a consular section.
- Applications from provisionally admitted persons with an F permit (Art. 85 Para. 7 AIG)
Applications must be submitted to the competent migration authority of the applicant's canton of residence. The canton examines the application in a cantonal preliminary procedure, after which the applications are sent to the SEM for further processing and decision.
- Applications from recognised refugees entitled to asylum with a B residence permit or a C settlement permit (Art. 51 Para. 4 Asylum Act)
Applications for family asylum must be submitted in the form of a letter by mail to the SEM (State Secretariat for Migration SEM, Quellenweg 6, 3003 Bern-Wabern). For this purpose, the SEM requires the N-number of the recognised refugee, precise details of the persons for whom reunification is requested, as well as suitable evidence of the family relationship.
Is a visa required for entry in the context of family reunification?
Yes, a visa is required for entry to Switzerland. Corresponding applications must be submitted in person to a foreign representation.
My partner does not have any documents from his or her home country. Who should she or he contact to obtain these documents?
The Afghan authorities are still responsible for issuing official travel documents. One of the consequences of the difficult situation in Afghanistan is that the Afghan authorities on the ground as well as their representations abroad (including the Afghan representation in Geneva) are currently not in a position to issue official documents. It is currently uncertain how the situation will unfold.
Is it possible to leave the country of residence with an entry permit for family reunification?
Once an entry authorization for family reunification has been issued, the person concerned is entitled to enter Switzerland. However, this does not guarantee effective departure from the country of residence. The person concerned is responsible for organizing his or her departure from the country of residence.
Certain states do not allow the person to leave the country if he or she is staying illegally and/or does not have a passport from his or her home country. A laissez-passer issued by Switzerland does not serve as a substitute for a passport and only entitles the holder to enter Switzerland. The Swiss authorities have no influence on these restrictions in the country of residence.
Acceptance of further refugees from Afghanistan
Can under the resettlement programme additional refugees be accepted from Afghanistan?
The current resettlement programme 2020/21 provides for the admission of up to 1,600 particularly vulnerable refugees. Among them, Afghan refugees from Turkey could also be allowed to enter Switzerland. The Federal Council has already decided on a quota of up to 1,600 resettlement refugees for 2022/23. Under this programme, Egypt, Lebanon and Turkey have been designated as priority countries of first asylum. In the case of resettlement from Turkey, refugees from Afghanistan are to be considered as a priority. In the event of a possible coordinated request by the UNHCR for Switzerland to accept an additional contingent of Afghan refugees under the resettlement programme, the Federal Council as a whole will decide on Switzerland's participation. At this stage, it is not possible to estimate whether and how many additional people will need longer-term protection or will have to be resettled as a result of recent events due to insufficient information on the current situation on the ground.
Help on the ground
How will Switzerland help on the ground?
Switzerland's current focus is on providing assistance on the ground, namely the protection and care of internally displaced persons in Afghanistan as well as Afghan nationals seeking protection in neighbouring states. To this end, Switzerland is working closely with international organisations, namely UN agencies and the ICRC. At its meeting on 8th September 2021, the Federal Council decided to strengthen Switzerland's humanitarian engagement in Afghanistan and the surrounding countries. It approved an additional contribution of 33 million francs for aid on the ground. Switzerland will thus support the suffering population in Afghanistan with around 60 million francs over the next 16 months.
Please refer to the Federal Council's media release of 8th September 2021: Afghanistan: Switzerland increases its humanitarian aid on the ground
Assessment of asylum applications from Afghan nationals
Are asylum applications submitted by Afghan nationals still processed?
Asylum applications from persons from Afghanistan will continue to be processed. This means that decisions on asylum applications from persons who meet the requirements for protection status in Switzerland will continue to be made. The aim is to provide the persons concerned with clarity about their situation as quickly as possible. Cases of persons who might have to return to Afghanistan, on the other hand, will only be reassessed when the situation permits. The SEM continuously monitors the situation in Afghanistan and adjusts its asylum and expulsion practice as necessary.
What options do Afghan nationals who have received a negative asylum decision from the SEM with an order to be deported have?
These persons can file an appeal against the SEM's decision with the Federal Administrative Court (FAC) within the time limit stated on the decision.
After the legally binding conclusion of the asylum procedure, it is possible to submit a written application to the SEM (State Secretariat for Migration SEM, Quellenweg 6, 3003 Bern-Wabern). In this application, you must explain in detail why you can no longer return to Afghanistan or what danger you are afraid of. Depending on the content, the new application will be treated either as a reconsideration or a repeated application.
What does the current practice change of the SEM mean for women and girls from Afghanistan?
The SEM has developed a new practice for women and girls from Afghanistan, which came into effect on 17 July 2023.
Change in practice:
The situation of women and girls in Afghanistan has continuously worsened in many areas of life since the Taliban came to power. The numerous restrictions and imposed behaviours have a serious impact on their fundamental human rights and massively restrict their basic rights. Against this background, female asylum seekers from Afghanistan can be considered victims of discriminatory legislation (belonging to a certain social group) as well as of religiously motivated persecution - if other persecution motives relevant under refugee law do not come into effect anyway - and refugee status must be granted to them. The SEM will continue to examine their applications on a case-by-case basis.
Formalities:
Afghans whose asylum application was rejected in the past, who have been granted temporary admission or derivative refugee status, are entitled to submit a written application to the SEM for the granting of original refugee status and asylum against the background of this change in practice. Afghan applicants who have not yet undergone an asylum procedure must go to a Federal Asylum Centre (FAC) and go through the ordinary asylum procedure.
Written applications must meet the usual formal requirements in order to be processed by the SEM. Thus, the application must be submitted to the SEM in writing by post (Staatssekretariat für Migration, Quellenweg 6, 3003 Bern) or - if electronically - via PrivaSphere (cf. Electronic legal transactions with the authorities). The application and any power of attorney must contain the signature of the person(s) making the application. If the inclusion of the spouse/partner pursuant to Art. 51 para. 1 Asylum Act in the asylum and refugee status of his/her spouse/partner is requested, he/she must be listed by name; he/she must also sign the application/authorisation. If joint minor children are included in the application, they must be listed by name and the application/authorisation must be signed by both parents. Female applicants of full age must submit an independent application, male applicants of full age can neither be included in the application of the parents nor derivatively included in the refugee status (of the mother).
The SEM points out at this point that the processing of subsequent applications may take some time.
Deportations of Afghan Asylum Seekers
Will deportations to Afghanistan be enforced?
On 11th August 2021, the SEM suspended deportations to Afghanistan until further notice due to current developments. No more repatriations to Afghanistan will be carried out, and no more deportation orders will be issued in the asylum procedure. For persons for whom there is an overriding public interest in repatriation (e.g. persons who have committed serious criminal offenses), enforcement actions will continue as a precautionary measure. For the time being, however, repatriation is not possible for these persons either.
How many Afghan persons were obliged to leave the country before the suspension of the deportation order?
On the day of the suspension of deportations to Afghanistan on 11th August 2021, 129 Afghan persons were obliged to leave the country.
When was the last repatriation to Afghanistan?
The last repatriation of rejected asylum seekers to Afghanistan took place in 2019, before the outbreak of the Covid 19 pandemic. Since then, there have not been any repatriations.
Migration Crisis
Are large-scale migration flows to be expected?
Large-scale migration flows based on persons having left Afghanistan in recent weeks and leaving Afghanistan in the coming weeks and months reaching Europe in 2021 are very unlikely. The current increase in asylum applications from Afghan nationals is primarily due to the onward migration of people who have been in Greece or the Balkans for some time.
Documents
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Faktenblatt «Praxisänderung weibliche afghanische Asylsuchende» (PDF, 87 kB, 21.06.2024)
(This document is not available in English)
Last modification 06.03.2024
