Federal Administrative Court explains years-long asylum backlog

Some asylum appeals have remained pending at Switzerland’s Federal Administrative Court for more than four years. The court has now explained the backlog after the Federal Supreme Court asked it to show how it plans to clear older cases, SRF reports.

The court says the backlog stems mainly from a sharp rise in appeals, particularly in asylum cases. The State Secretariat for Migration increased its staffing by 200 full-time positions and began deciding asylum applications more quickly, leading to more appeals reaching the court.

The court says it requested additional judicial resources in early 2023, but almost two years passed before the extra capacity was in place. Parliament increased the number of judges, but the positions had to be approved, advertised and filled. Many newly appointed judges also needed lengthy training because they lacked experience in asylum law.

The court says it cannot independently increase its judicial workforce because the number of judges is capped by law at 70. The court’s administrative leaders also cannot instruct judges to process cases faster, as judges must remain independent.

Barbara von Rütte, an assistant professor at the University of Bern’s Centre for Migration Law, said judges are elected by the Federal Assembly for six-year terms and cannot simply be dismissed if caseloads fall. The court therefore cannot adjust staffing as flexibly as the migration secretariat, which is already reducing temporary positions as asylum applications have declined over the past two years.

Von Rütte said asylum numbers can fluctuate sharply, including in response to wars. The court warned that another wave of appeals could cause a fresh backlog. Long waits can leave people uncertain for years, hinder their integration and place a heavy psychological burden on them, said Eliane Engeler of the Swiss Refugee Council. Last July, one person affected by the delays staged a hunger strike.