Swiss Court Rules Some Afghan Asylum Seekers Can Be Returned, Sparking Rights Concerns

Switzerland’s Federal Administrative Court has ruled that the return of certain Afghan nationals to Afghanistan is not automatically prohibited, provided the individuals face “favourable individual circumstances,” according to Swiss media reports. The decision marks a significant legal clarification in the country’s asylum policy toward Afghanistan, which has remained highly restrictive since the Taliban’s return to power in August 2021.

The ruling came after the court dismissed an appeal by a young Afghan man against his deportation, Swiss news outlet SWI reported on Wednesday. The case centred on a healthy, working-age man with prior employment experience and documented family support in Kabul. Switzerland’s State Secretariat for Migration had rejected his asylum application in late 2025 and ordered his removal from the country.

In its judgment, the court reassessed the current security and humanitarian situation in Afghanistan and concluded that while generalised violence and instability persist, they do not, in themselves, constitute an automatic bar to all returns. The court emphasised that each asylum application must be evaluated individually, weighing the applicant’s personal circumstances, protection needs, and capacity for safe reintegration.

“Returns to Afghanistan should remain limited,” the court stated, “but they may be permitted in certain individual cases where the asylum seeker has a support network, employment prospects, and no heightened risk profile.”

The decision does not establish a blanket policy of deporting Afghans. Instead, it reinforces the obligation of migration authorities to conduct rigorous, case-by-case risk assessments. In the case under review, the applicant was found to have relatives in Kabul and previous work history factors that the court deemed sufficient to lower his individual risk threshold, despite the country’s volatile environment.

Since the Taliban takeover, Swiss authorities have largely suspended removals to Afghanistan, citing widespread human rights abuses, the collapse of the rule of law, and a dire humanitarian crisis. However, the new ruling signals a cautious shift, suggesting that not every Afghan faces the same level of personal danger.

The Swiss court’s decision aligns with a broader European trend. Germany, for instance, resumed deportations to Afghanistan in late 2024 after a multi-year pause. Officials in Berlin have confirmed that more than 200 individuals have been returned in recent months, with priority given to convicted criminals and those deemed security threats. Technical coordination for these returns has reportedly taken place with Taliban intermediaries, though formal diplomatic recognition of the regime remains absent.

Human rights organisations have strongly condemned the resumption of such deportations. Amnesty International and Human Rights Watch have warned that Afghanistan remains deeply unsafe for returnees, particularly for women, journalists, former government employees, activists, and members of religious or ethnic minorities. They point to reports of arbitrary detention, torture, extrajudicial killings, and systematic discrimination under Taliban rule as evidence that the country is far from stable.

The United Nations has repeatedly urged states to uphold the principle of non-refoulement, a cornerstone of international refugee law that prohibits returning individuals to territories where they face a real risk of persecution, torture, or other serious harm. UN agencies have called for enhanced procedural safeguards and independent monitoring of any returns.

While the Swiss ruling does not open the door to mass deportations, it sets a legal precedent that could influence future decisions and potentially encourage other European nations to revisit their own Afghan asylum policies. Legal experts note that the burden now falls heavily on asylum authorities to prove, with compelling evidence, that each returnee can reintegrate safely—a standard that may prove difficult to meet in practice.

As the Taliban government remains internationally unrecognised and the country’s humanitarian crisis deepens, the debate over Afghan returns is likely to intensify, pitting state sovereignty and migration control against fundamental human rights obligations.

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