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Switzerland: Federal Supreme Court rules that requiring Eritrean 'declaration of repentance' for obtaining resident permit is unlawful On 20 November 2025, the Swiss Federal Supreme Court published its judgment on the case 2C_64/2025, and ruled that requi
On 20 November 2025, the Swiss Federal Supreme Court published its judgment on the case 2C_64/2025, and ruled that requiring Eritrean nationals to sign a ‘declaration of repentance’ at the Eritrean consulate in order to obtain a residence permit on the grounds of hardship (conversion from an F permit to a B permit) is unlawful.
The Federal Supreme Court found that, although de presentation of an identity document is in principle required, this obligation does not apply where such procurement is unreasonable. The Court further observed that the issuance of an Eritrean passport is conditional upon signing a ‘declaration of repentance’, which entails admitting to unlawful conduct. It held that such requirement amounts to a form of self-incrimination and is incompatible with fundamental principles of Swiss and international law.
It therefore found that the authorities could not lawfully refuse the residence permit solely on the ground of the absence of a passport. Since the applicant’s identity was not in doubt and he met the other statutory requirements, making the grant of the permit conditional on the production of such a document was found by the Court disproportionate to the legitimate aim of identity verification.
Unofficial translation by the EWLU team