Author
The Federal Council is responsible for designating states in which, based on its findings, there is protection against persecution,[1] as safe countries of origin.[2] In such a case, SEM usually issues a decision of inadmissibility without further investigations. The time limit for an appeal in these cases is 5 working days.[3] The common list of safe countries of origin and safe third countries is published in the Annex 2 of Asylum Ordinance 1 on procedural aspects (AO1).[4] It currently includes:
- EU and EEA Member States (all together 84 asylum applications);
- Albania[5] (62 asylum applications);
- Benin (15 asylum applications);
- Bosnia-Herzegovina (31 asylum applications);
- Burkina Faso (29 asylum applications);
- Georgia (425 asylum applications);
- Ghana (15 asylum applications);
- India (24 asylum applications);
- Kosovo (111 asylum applications);
- Moldova, excluding Transnistria (22 asylum applications);
- Mongolia (57 asylum applications);
- Montenegro (9 asylum applications);
- North Macedonia (79 asylum applications);
- Senegal (61 asylum applications);
- Serbia (36 asylum applications);
- UK (7 asylum applications).[6]
[1] With regard to the determination of a home country or country of origin as certain of persecution, the factors taken into account are: the political stability; the political stability; the observance of human rights; the assessment of other EU and EFTA Member States and the UNHCR and other country-specific peculiarities (Article 2 AO1).
[2] Article 6a(2)(a) AsylA.
[3] Article 108(3) AsylA.
[4] Annex 2 AO1, available in French (and German and Italian) here.
[5] Regarding Albania as safe country of origin, see also: ECtHR, Case of Y and others v. Switzerland, no. 9577/21, 22 October 2024.