Switzerland’s Federal Administrative Court has ruled that Ukrainian citizens who have already been granted protection in a European Union or European Free Trade Association (EFTA) country are not eligible for Swiss protection. The decision, delivered in a landmark case, sets a precedent for future similar situations.
© KEYSTONE / ENNIO LEANZA
The ruling stemmed from the case of a Ukrainian woman who initially found safety in Italy following the start of the war in 2022. After a brief return to Ukraine, she traveled to Switzerland in February 2025 to join her mother and sister. The State Secretariat for Migration (SEM) subsequently denied her request for temporary protection – a decision the court has now upheld.
According to the court, the principle of subsidiarity dictates that Ukrainian nationals with a viable protection option in an EU/EFTA state should not also rely on protection from Switzerland. The court also determined that Switzerland is not required to conduct preliminary inquiries with the EU state before denying a request for protection.
In this specific instance, Italy remains responsible for providing protection to the woman, as It’s set to offer protection to Ukrainian citizens until March 2027 under an EU agreement. The court stated she is therefore able to return to Italy. The case highlights the complexities of providing refuge to those displaced by the ongoing conflict in Ukraine.
