HEKS/EPER appeal helps ease family reunification

Relying on case law from the European Court of Human Rights (M.A. v. Denmark), the HEKS/EPER Legal Advice Centre (SAJE) in Lausanne successfully challenged that decision. The Federal Administrative Court announced late last week that the right to family must be assessed on a case-by-case basis and that restrictions would have to be reasonable, with the interests of the child being given highest priority.
 

Significant step in the right direction

"We are delighted that the circumstances of separated families will now be given greater consideration", says Chloe Ofodu, head of the SAJE. Reuniting families is often the key to supporting, facilitating and integrating refugees. If neither a return to the country of origin nor a life together in a third country is conceivable, family reunification should then be facilitated as quickly as possible. This is why HEKS/EPER has long used its legal and political work to advocate for an improved status for F-Permit holders (temporary admission) and for observance of the right to family life. 

The Federal Administrative Court still deems a two-year waiting period to be admissible. Ofodu points out, however, that two years – especially in the life of a small child – also represent a long time. Added to that is the time spent apart during the journey and the asylum procedure. "If the SEM then approves admission, it will still take several months in most cases until all documents are ready and the family is effectively reunited", says the SAJE head. "This time lost in a child's life will never be regained."

The SEM is now to reassess the case of the Eritrean family, and it will probably be some time yet before the now 11-year-old boy can effectively live with his father. The Federal Administrative Court is already making it clear, however, that the practice and ultimately also the law will have to be adapted with respect to all temporarily admitted persons.
 

Press release of the Federal Administrative Court on December 7th 2022