A Swiss federal administrative court has ruled that the return of Afghan nationals to Afghanistan is not automatically prohibited, saying each asylum case must be assessed individually based on the applicant’s personal circumstances and protection needs.
The ruling was issued in the case of a young Afghan man whose asylum application was rejected by Switzerland’s migration authorities at the end of 2025. The court upheld the decision after reviewing his individual situation.
According to the judgment, Afghan asylum seekers who have family support, employment experience and the ability to reintegrate safely may not automatically qualify for protection from removal. In the case under review, the applicant had previously worked and was found to have family members and a support network in Kabul.
The decision marks an important clarification of Switzerland’s asylum policy toward Afghanistan. Since the Taliban returned to power in August 2021, Swiss authorities have generally taken a cautious approach to removals because of the country’s deteriorating security and human rights situation. However, the court said the humanitarian situation alone does not mean every Afghan faces the same level of individual risk.
The ruling comes as several European countries are re-examining policies on Afghan asylum seekers. Germany has resumed deportations of Afghan nationals after a pause of several years, with more than 200 people returned to Afghanistan in recent months. German officials have said the removals primarily involve people convicted of serious crimes or considered security threats, while technical coordination has taken place with the Taliban authorities.
Human rights organisations have strongly criticised the resumption of deportations, arguing that Afghanistan remains unsafe for many returnees. They warn that people sent back could face persecution, arbitrary detention, discrimination or other serious human rights risks, particularly women, journalists, former government employees, activists and members of vulnerable communities.
The United Nations has repeatedly urged states to ensure that returns to Afghanistan comply with the principle of non-refoulement, which prohibits returning individuals to places where they face a real risk of persecution, torture or other serious harm.
The Swiss court’s decision does not establish a blanket policy of deporting Afghans. Instead, it emphasises that asylum authorities must conduct individual risk assessments and determine whether a person can safely return based on their personal circumstances, family support and protection needs.
