Examples of projects

Search for half-sister: Request for an extract from the civil register and subsequent appeal

The HRLC drafts a request for information about the descendants of their deceased father on behalf of a man who is searching for his half-sister. When the civil registry office fails to comply with this request, the man, again with the support of the HRLC, lodges a complaint with the cantonal supervisory authority. The authority agrees with the complainant's arguments. The information obtained ultimately enabled the two siblings to meet for the first time as adults.

The Federal Council takes this argument into account and amends the relevant provisions in the draft law.

Application for release from administrative detention

A complaint is filed with the Administrative Court in Bern on behalf of a man from Burkina Faso, requesting his release from detention and compensation for detention on the grounds of unacceptable detention conditions, in particular the violation of the separation requirement.

The Administrative Court partially upholds the appeal and, with regard to the part of the administrative detention during which the appellant was held in a shared cell with one or more persons in pre-trial detention or serving a sentence, finds the detention to be unlawful without ordering the appellant's release. Since the Administrative Court did not deem the entire detention to be unlawful, the lawyer, in cooperation with the HRLC, lodged an appeal with the Federal Supreme Court. The appeal seeks to establish the general unlawfulness of administrative detention in a regional prison that is also used for the enforcement of sentences and pre-trial detention.

Although the Federal Supreme Court rejected the appeal, it stated in its ruling that, under national and international law, administrative detention must generally be carried out in facilities specifically designed for this purpose. Only in justified exceptional cases may administrative detention – for a few hours or days – take place in prisons, whereby separation from other prisoners must be ensured. The HRLC is thus contributing to a fundamental change in the enforcement of detention under immigration law, in that in future – apart from narrowly defined exceptions – detention will only be permitted in facilities specifically designated for this purpose, meaning that the decades-long practice of detention in prisons is likely to soon be a thing of the past.

Sample complaint regarding family asylum financing

The model complaint drafted by the HRLC is intended to counteract the requirements for proof established in practice (financing options, relatives, acquaintances, etc.) for the assumption of entry costs in cases of family asylum under Art. 53 lit. d AsylV2 in conjunction with Art. 51 para. 4 AsylG.

Application for hardship relief (Art. 14 para. 2 Asylum Act)

The HRLC submits a hardship application on behalf of an elderly man who has lived in Switzerland for years with a residence permit. His ex-wife and daughter, who was born in Switzerland, also live here.

During a prolonged stay abroad by the applicant, the competent migration authority revokes his permanent residence permit. When he later re-enters Switzerland, he applies for asylum. This application is rejected, and since then the retired pensioner has been living in emergency accommodation. The application is approved.

Request for reconsideration (provisional admission)

The HRLC submits a request for reconsideration to the SEM on behalf of a single mother from the Democratic Republic of Congo and her two young daughters (both born in Switzerland). Since her asylum application was rejected several years ago, the mother's health has deteriorated significantly.

Furthermore, without a stable family or social network and given the poor economic situation in her country of origin, it would be impossible for her to provide for herself and her children. The SEM approves the application, classifies the enforcement of the removal order as unreasonable, and grants the mother and her two children temporary admission.

appeal against delay in proceedings

In 2018, the HRLC lodged a complaint with the Federal Administrative Court against the delay in proceedings on behalf of a family of six from Afghanistan who had been living in a container settlement for almost two and a half years, sharing a small bedroom and waiting in vain for a decision on their asylum application. The court upheld the complaint and instructed the SEM to treat the complainants' application as a priority and to make a quick decision.

Application for a residence permit

The HRLC is submitting an application for a residence permit on behalf of a deaf couple who have been living in Switzerland for decades, whose asylum applications have been rejected and whose appeal has been unsuccessful.

The applicants are being granted temporary admission on the grounds of unreasonable deportation. The couple's two children also live in Switzerland, one with Swiss citizenship and the other with a permanent residence permit. The applicant's deafness makes conditions more difficult for her, both on the labor market and in terms of language skills, which is why, among other things, possible discrimination is claimed in the assessment of the integration criteria with regard to a residence permit.

Request for reconsideration regarding family reunification

In this case, the HRLC is supporting a naturalized Swiss citizen who has been trying for some time to bring his immediate family to Switzerland so that they can live here legally. This is a lengthy and complex case, raising issues such as the welfare of children and discrimination against Swiss citizens by persons entitled to free movement under the Agreement on the Free Movement of Persons.