Air Canada has lost its appeal against a CHF144,000 fine for flying nine passengers to Zurich who lacked valid Swiss entry documents. Since 2015, the airline has faced multiple sanctions from the State Secretariat for Migration (SEM) for transporting travelers without the required “Inadmissible Passengers” (INADs) clearance.
Initially, the airline received only a warning for its first violation, but subsequent cases led to fines of CHF4,000 per passenger. In 2018, Air Canada transported 14 passengers considered at risk of suicide, prompting a penalty of CHF16,000 per person—totaling CHF224,000—a decision that was not appealed.
The current dispute involved nine passengers with identified suicide risks in early 2019. Air Canada argued that it had taken steps to educate its staff and highlighted that the rate of suspected or confirmed suicides was extremely low, at 0.01 per passenger.
The Federal Administrative Court dismissed this defense, noting that such statistics are only one factor in assessing the effectiveness of security procedures. The court found that Air Canada had not demonstrated a fully reliable system, including proper follow-up or debriefing for problematic cases.
The ruling is not yet final and can be taken to the Federal Supreme Court.