Facts
- [A.] and [B.] , Ethiopian nationals, entered Switzerland in 1995 without a passport and visa and filed an asylum application. Their asylum applications were legally rejected in 1996 and 1997. - During an ongoing criminal proceeding for unlawful stay in Switzerland, [A.] and [B.] filed a second asylum application in 2006. The Federal Office for Migration recognized them as refugees in 2007 based on post-flight reasons, but rejected their applications and ordered their deportation from Switzerland. However, the enforcement of the deportation order was suspended in favor of temporary admission due to inadmissibility. - The High Court of Lucerne acquitted [A.] and [B.] of the charge of unlawful stay in Switzerland, as it assumed that the refugee-relevant elements may have already existed at the beginning of the alleged offense period from January 7, 2004 to September 30, 2005.Considerations
- The Federal Supreme Court confirms the decision of the High Court. Even though the refugee status was only legally established in the second…