Safe third country
Following the reform that entered into force on 22 March 2018, the Aliens Act contains the “safe third country” concept, as a ground for inadmissibility. The CGRS has already stated that it will only apply this concept very exceptionally and that there will not be a list of safe third countries. This concept has been applied in 15 cases, mostly people having an international protection status in Switzerland.
A country may be considered as a safe third country where the following principles apply:
- Life and liberty are not threatened for reasons of race, religion, nationality, membership of a particular social group or political opinion;
- There is no risk of serious harm;
- The principle of non-refoulement is respected;
- The prohibition of expulsion in violation of the prohibition on torture and other cruel, inhuman or degrading treatment is complied with; and
- The applicant has the possibility to request refugee status and, if found to be a refugee, to receive protection in accordance with the Refugee Convention.
A third country can only be regarded as a safe third country if the applicant has such a relationship with the third country on the basis of which it can reasonably be expected of him or her to return to that country and to have access thereto. The existence of a connection should be assessed on the basis of “all relevant facts and circumstances, which may include the nature, duration and circumstances of previous stay”.
The Explanatory Memorandum to the Law of 21 November 2017 gives examples of links, such as a previous stay in the third country (e.g. a long visit) or a family bond. The Explanatory Memorandum also states that for reasons of efficiency only a minimum check of access is required: it is sufficient that the authorities suspect that the applicant will be admitted to the territory of the third country concerned. In this regard the Explanatory Memorandum states that recast Asylum Procedures Directive does not demonstrate that the element of “access” should already be examined when applying the safe third country concept. “For reasons of efficiency”, the legislator opted to take this additional condition into account when examining whether a particular third country can be regarded as safe for the applicant. It is therefore necessary to be able to assume that the applicant will be given access to the territory of the third country concerned.
 Article 57/6/6 Aliens Act.
 Article 57/6(3)(2) Aliens Act.
 Article 57/6/6(1) Aliens Act.
 Article 57/6/6(2) Aliens Act.