GENEVA

Switzerland’s Federal Administrative Court (FAC) has ruled that Ukrainian nationals who previously obtained protection in a European Union (EU) or European Free Trade Association (EFTA) state are not entitled to temporary protection in Switzerland, known as ‘S’ status, clarifying the application of the subsidiarity principle.

In a statement on Monday, the court said Ukrainians who were living in Ukraine before Feb. 24, 2022, cannot access Switzerland’s temporary protection if a valid alternative protection status exists in an EU or EFTA country.

The case involved a Ukrainian woman who entered Switzerland in April 2025 and applied for temporary protection. She had received temporary protection in Italy after Russia’s invasion in 2022, valid until March 4, 2023, and lived there for several months before returning to Ukraine.

The State Secretariat for Migration rejected her application and ordered her removal.

The Ukrainian national argued that her Italian protection had expired and that Swiss authorities should have secured readmission assurances from Italy before denying her status, the statement said.

The FAC rejected her appeal, noting that EU rules, extended until March 4, 2027, still obligate Italy to provide protection to Ukrainians. The court said it is assumed her status could be reinstated if she returned to Italy.

"This Judgment is final and may not be appealed to the Federal Supreme Court," the ruling said.