Decision of the Federal Administrative Court: Undocumented Afghans are offered a travel document

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The specific case concerns an Afghan who entered Switzerland in 2015. His asylum application was rejected. However, provisional admission was declared so that he could stay in Switzerland.

In 2020, his hardship application was approved and the migration office of the canton of Basel-Stadt granted him a residence permit. This is evident from a judgment of the Federal Administrative Court that was published on Friday.

SEM declined the request

The Basel Migration Office has forwarded an application for a passport for foreign nationals to the State Secretariat for Migration (SEM). He rejected the request.

It admitted that the Afghan mission in Geneva has not been able to issue new passports since the Taliban took power in August 2021. It is also impossible to predict how the balance of power in the country will develop. However, it has not been proven that it would also not be possible to issue a passport in the future.

No new passports in Europe

This does not go far enough for the Federal Administrative Court. It states that Afghan nationals in Switzerland cannot currently be expected to travel to Afghanistan to obtain a passport. However, the Afghan missions in Switzerland and other European countries were unable to issue new documents.

Only existing, expired travel documents would be renewed by means of a stamp or vignette. According to the Federal Administrative Court, it is not foreseeable how long this situation will last.

Because the person concerned has never had a passport in the present case, he is deemed to have no papers. The court therefore overturned the SEM’s decision and referred the case back to it. Before issuing a travel document, it must check that all other requirements have been met or that there are no grounds for refusal. (SDA)

Source:Blick