Asylum News: Swiss Federal Tribunal Judgement identifies categories at risk including victims, witnesses of war crimes and persons from the Vanni

By TAGAdvocacy, Sunday, December 11 2011

The recent Swiss Federal Tribunal judgement sets European standards and provides clear guidelines for identifying categories of persons at risk of intimidation, torture and elimination in Sri Lanka. This judgment is far clearer and broader than present UK law and policy and identifies government critics, survivors of mass atrocities, both victims and witnesses as at risk in Sri Lanka as well as the people of the Vanni region. The UK Border Agency does not currently accept that these categories are at risk. 

The Swiss judgment will be helpful to lawyers challenging UK Border Agency decisions in that the UK, regardless of the future of the EU.

Urteil E-6220/2006 vom 27. Oktober 2011
Publisher Switzerland: Tribunal administratif fédéral
Country Switzerland | Sri Lanka
Publication Date 27 October 2011
Other Languages / Attachments Communiqué de presse | Comunicato stampa | Medienmitteilung
Cite as Urteil E-6220/2006 vom 27. Oktober 2011, Switzerland: Tribunal administratif fédéral, 27 October 2011, available at: http://www.unhcr.org/refworld/docid/4ec001e32.html [accessed 11 December 2011]
Comments This decision by the Federal Administrative Court updates the Court's decision of 14 February 2008 (Tribunal administratif fédéral ATAF 2008/2). It states that political opponents, critical journalists, human rights activists, critical NGO representatives, as well as victims of or witnesses to serious human rights violations and persons who are presumed to have close contacts to the LTTE represented groups are still at risk of persecution in Sri Lanka. In general, returns to Sri Lanka including the East and North are considered reasonable, with the exception of Vanni region where no returns should take place. For persons who left the northern province some time ago, the existence of social network and chances for securing minimal living conditions should be considered.
Disclaimer This is not a UNHCR publication. UNHCR is not responsible for, nor does it endorse, its content. Any views expressed are solely those of the author or publisher.