1
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force. Asylum Act (AsylA) of 26 June 1998 (Status as of 1 January 2019) The Federal Assembly of the Swiss Confederation, based on Article 121 of the Federal Constitution1,2
and having considered the Dispatch of the Federal Council of 4 December 19953, decrees: Chapter 1 Principles
Art. 1
Subject matter
This Act regulates: a. the granting of asylum and the legal status of refugees in Switzerland; b. the temporary protection of persons in need of protection in Switzerland and their return.
Art. 2
Asylum 1 In response to an application, Switzerland grants asylum to refugees in accordance with this Act.
2
Asylum includes the protection and the legal status granted in Switzerland to persons on the basis of their refugee status. It includes the right to stay in Switzerland.
Art. 3
Definition of the term refugee 1
Refugees are persons who in their native country or in their country of last residence are subject to serious disadvantages or have a well-founded fear of being exposed to such disadvantages for reasons of race, religion, nationality, membership of a particular social group or due to their political opinions.
AS 1999 2262 1 SR
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2
Amended by No I 1 of the FA of 1 Oct. 2010 on the Coordination of Asylum and Extradition Proceedings, in force since 1 Apr. 2011 (AS 2011 925; BBl 2010 1467).
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Serious disadvantages include a threat to life, physical integrity or freedom as well as measures that exert intolerable psychological pressure. Motives for seeking asylum specific to women must be taken into account.
3
Persons who are subject to serious disadvantages or have a well-founded fear of being exposed to such disadvantages because they have refused to perform military service or have deserted are not refugees. The provisions of the Convention of 28 July 19514 relating to the Status of Refugees are reserved.5 4 Persons who claim grounds based on their conduct following their departure that are neither an expression nor a continuation of a conviction already held in their native country or country of origin are not refugees. The provisions of the Convention of Refugee Convention are reserved.6
Art. 4
Granting temporary protection Switzerland may grant temporary protection to persons in need of protection as long as they are exposed to a serious general danger, in particular during a war or civil war as well as in situations of general violence.
Art. 5
Ban on refoulement
1
No person may be forced in any way to return to a country where their life, physical integrity or freedom are threatened on any of the grounds stated in Article 3 paragraph 1 or where they would be at risk of being forced to return to such a country.
2
The ban on refoulement may not be invoked if there are substantial grounds for the assumption that, because the person invoking it has a legally binding conviction for a particularly serious felony or misdemeanour, they represent a threat to Switzerland's security or are to be considered dangerous to the public.
Art. 6
7 Procedural principles
The procedures are governed by the Federal Act of 20 December 19688 on Administrative Procedure (Administrative Procedure Act), the Federal Administrative Court Act of 17 June 20059 and the Federal Supreme Court Act of 17 June 200510, unless this Act provides otherwise.
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5
Inserted by No II of the FA of 28 Sept 2012 (Emergency Amendments to the Asylum Act), in force from 29 Sept. 2012 to 28 Sept. 2015 (AS 2012 5359; BBl 2010 4455, 2011 7325) and extended to 28 Sept. 2019 by No II of the FA of 26 Sept. 2014 (AS 2015 2047; BBl 2014 2087).
6
Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
7
Amended by Annex No 4 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
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Chapter 2 Asylum Seekers Section 1 General Provisions
a11 Competent authority
1
The State Secretariat for Migration (SEM)12 decides on granting or refusing to grant asylum as well as on removal from Switzerland.
2
The Federal Council shall identify states in which on the basis of its findings: a. there is protection against persecution, as safe native country or country of origin;
b. there is efficient protection against refoulement as defined in Article 5 paragraph 1, as safe third countries.
3
It shall periodically review decisions made in terms of paragraph 2.
Art. 7
Proof of refugee status 1
Any person who applies for asylum must prove or at least credibly demonstrate their refugee status.
2
Refugee status is credibly demonstrated if the authority regards it as proven on the balance of probabilities.
3
Cases are not credible in particular if they are unfounded in essential points or are inherently contradictory, do not correspond to the facts or are substantially based on forged or falsified evidence.
Art. 8
Duty to cooperate
1
Asylum seekers are obliged to cooperate in the establishment of the facts. They must in particular:
a. reveal their identity; b. hand over their travel documents and identity papers at the reception and processing centre13;
c. state at the hearing why they are seeking asylum; d. indicate any evidence in full and submit this without delay or, as far as this seems reasonable, endeavour to acquire such evidence within an appropriate
period;
11 Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
12 The name of this administrative unit was amended by Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (AS 2004 4937), in force since 1 Jan. 2015. This amendment has been made throughout the text.
13 Term in accordance with No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325). This change has been made throughout the text.
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e.14 cooperate in providing biometric data.
2
Asylum seekers may be required to arrange for the translation of foreign-language documents into one of Switzerland's official languages.
3
Asylum seekers who reside in Switzerland are obliged make themselves available to the federal and cantonal authorities during the procedure. They must inform the cantonal or communal authority competent under cantonal legislation (the cantonal authority) of their address and any change to this immediately.
3bis
Persons, who fail to cooperate without valid reason or fail to make themselves available for more than 20 days lose their right to have the proceeding continued.
Their applications are cancelled without a formal decision being taken. No new application may be filed within three years. The foregoing is subject to compliance with the Refugee Convention of 28 July 195115.16 4 In the event of an enforceable removal ruling being issued, the persons concerned are obliged to cooperate in obtaining valid travel documents.
Art. 9
Search 1 The competent authority may search asylum seekers who are accommodated in a reception and processing centre or in private or collective accommodation and the possessions they have with them for their travel and identity documents as well as dangerous objects, drugs and assets of dubious origin.17 2 Asylum seekers may only be searched by members of the same sex.
Art. 10
Seizure and confiscation of documents 1
The SEM shall place asylum seekers' travel documents and identity papers on file.18 2
Authorities and government offices shall seize and pass on to the SEM travel documents, identity papers or other documents which may indicate the identity of person who has applied for asylum in Switzerland. Paragraph 5 applies to recognised refugees.19 3 If the authority or government office seizing documents in accordance with paragraph 2 examine these with regard to their authenticity, the SEM must be notified of the results of this examination.
14 Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
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16 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
17 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
18 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
19 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
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4
Forged and falsified documents as well as genuine documents which have been misused may be confiscated by the SEM or by the appellate authority or passed on to the agent.
5
Passports or identity papers that have been issued to refugees recognised in Switzerland by their native country must be passed on to the SEM.20
Art. 11
Hearing of the evidence In the event that a hearing of evidence is necessary to investigate the facts of the case, asylum seekers may not express a view on the authority's arrangement of evidence prior to the hearing.
Art. 12
Address for service
1
Any service of documents or communication to the last known address of asylum seekers or of their agents becomes legally binding on expiry of the statutory sevenday time-limit for collection, even if the persons concerned do not learn of this until later due to a special agreement with Swiss Post or if the delivery is returned as undeliverable.
2
If the asylum seeker is represented by several agents and if these do not indicate a joint address for service, the authority shall address its communications to the first agent authorised by the asylum seeker.
3
…21
Art. 13
Notification and statement of grounds for rulings and decisions 1
In appropriate cases, notification may be given of rulings and decisions verbally and a summary statement of grounds provided.
2
Verbal notification must be recorded in minutes that include a statement of the grounds. The asylum seekers must be given an official copy of the protocol.
3
The competent authorities may also notify persons applying for asylum at the border or at the border control in a Swiss airport (Art. 21-23) of a decision or ruling by serving them with a signed copy of the ruling or decision that has been transmitted by fax. The persons concerned must confirm in writing that they have been served with the ruling or decision; in the absence of such confirmation, the competent authority shall record the service of the ruling or decision. Article 11 paragraph 3 of the Administrative Procedure Act22 does not apply. Any agent shall be informed of the notification.
20 Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
21 Inserted by Annex No 4 of the Federal Administrative Court Act of 17 June 2005 (AS 2006 2197 1069; BBl 2001 4202). Repealed by No I of the FA of 28 Sept. 2012 (Emergency Amendments to the Asylum Act), with effect from 29 Sept. 2012 to 28 Sept.
2015 (AS 2012 5359; BBl 2010 4455, 2011 7325) and extended to 28 Sept. 2019 by No II of the FA of 26 Sept. 2014 (AS 2015 2047; BBl 2014 2087). See also the transitional provisions to the Amendment of 28.9.2012 at the end of the text.
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4
In other urgent cases, the SEM may authorise a cantonal authority, a Swiss diplomatic mission or a consular representation abroad (Swiss representation) to notify those concerned of a decision or ruling by serving them with a signed copy of the ruling or decision that has been transmitted by fax.
5
The SEM may notify asylum seekers who are represented by an agent of the dismissal of an application in terms of Article 31a paragraph 1 letter b. Notification shall be made to the agent immediately.23
Art. 14
24
From filing an asylum application to departure from Switzerland in accordance with a legally binding removal order, following the withdrawal of an asylum application, or until the ordering of a substitute measure in the event that removal cannot be enforced, persons seeking asylum may not initiate any procedure for the granting of a residence permit under the law on foreign nationals unless they are entitled to be issued with such a permit.
2
The canton may with consent of the SEM grant a person for whom it is responsible in terms of this Act a residence permit if:25 a. the person concerned has been a resident for a minimum of five years in Switzerland since filing the asylum application; b. the place of stay of the person concerned has always been known by the authorities;
c. in light of their advanced stage of integration, there is a case of serious personal hardship; and
d.26 there are no grounds for revocation under Article 62 paragraph 1 of the Foreign Nationals and Integration Act of 16 December 200527 (FNIA)28.
3
If the canton wishes to take advantage of this opportunity, it shall inform the SEM without delay.
4
The person concerned shall only have party status during the SEM's consent procedure.
5
Pending proceedings for the granting of a residence permit become irrelevant with the filing of an asylum application.
23 Inserted by Art. 2 No 2 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC) (AS 2010 5925; BBl 2009 8881). Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
24 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2007 (AS 2006 4745 4767; BBl 2002 6845).
25 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
26 Inserted by No I of the FA of 14 Dec. 2012 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325). Amended by No IV 4 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
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28 The title was amended on 1 Jan. 2019 pursuant to Art. 12 para. 2 of the Publications Act of 18 June 2004 (SR 170.512). This amendment has been made throughout the text.
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Residence permits remain valid and may be extended in accordance with the provisions of the law on foreign nationals.
Art. 15
Intercantonal offices
The cantons may establish intercantonal offices to fulfil the duties assigned to them in accordance with this Act, in particular for the hearing, preparation of the decision and the enforcement of any removal order.
Art. 16
Procedural language
1
Submissions may be made to the federal authorities in any official language.
2
SEM rulings or interim rulings are issued in the official language spoken at the asylum seeker's place of residence.29 3 The SEM may derogate from paragraph 2 by way of exception if: a. the asylum seeker or his or her legal representative has a good command of a different official language; b. this is temporarily required to deal with applications efficiently and on time taking account of the number of applications received and the staff situation; c. the asylum seeker is heard directly in a reception and processing centre and allocated to a canton with a different official language.30
Art. 17
Special procedural
provisions
1
The provision of the Administrative Procedure Act31 on legal holidays does not apply to asylum proceedings.
2
The Federal Council shall issue supplementary provisions on the asylum procedure, in particular to give consideration to the special situation of women and minors in the procedure.
2bis
Applications for asylum made by unaccompanied minors shall be processed as a priority.32 3
The responsible cantonal authorities shall immediately appoint an authorised representative for unaccompanied minor asylum seekers, to take care of the minor's interests for the duration: a. of the procedure at the airport if decisive procedural steps are carried out there;
29 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
30 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
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32 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
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b. of the minor's stay in a reception and processing centre, if, in addition to the short interview in accordance with Article 26 paragraph 2, decisive procedural steps are carried out; or c. of the procedure following allocation to the canton.
d.33 of the Dublin procedure.34 3bis
If there are indications that an alleged foreign minor has reached the age of majority, the SEM may arrange an expert report on that person's age.35 4 The Federal Council shall regulate the access to legal advice and legal representation at reception and processing centres and airports.36 5
On notification of a decision under Article 23 paragraph 1, 31a or 111c, the SEM shall send the asylum seeker or his or her agent the case files at the same time if enforcement of the removal order has been ordered.37 6 The Federal Council shall determine the role, responsibilities and duties of the representative.38
a39 Fees for services
The SEM may charge third parties fees and outlays for services.
b40 33 Inserted by Annex No I 2 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).
34 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
35 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
36 Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
37 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
38 Inserted by Annex No I 2 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).
39 Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
40 Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2007 (AS 2006 4745 4767; BBl 2002 6845). Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
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Section 2
Application for Asylum and Entry
Art. 18
Application for
asylum
Any statement a person makes indicating that they are seeking protection in Switzerland from persecution elsewhere shall be regarded as an application for asylum.
Art. 19
41
The application for asylum must be filed at a border control point at a Swiss airport, on entry at an open border crossing or at a reception and processing centre.42 1bis
An application may only be filed by a person who is at the Swiss border or on Swiss territory.43 2
…44
3
Asylum seekers shall be informed of their rights and obligations in the asylum procedure when they file an application.
Art. 20
45
Art. 21
46
Application for asylum made at the border, following detention in the vicinity of the border, on illegal entry or within Switzerland 1
Persons who request asylum at the border or following their detention for illegal entry in the vicinity of the border or within Switzerland shall normally be assigned by the competent authorities to a reception and processing centre.
2
The SEM shall verify its competence to carry out the asylum procedure, taking account of the provisions of the Dublin Association Agreements.
3
The Dublin Association Agreements are listed in Annex 1.
41 See also the transitional provisions to the Amendment of 28.9.2012 at the end of the text.
42 Amended by No I of the FA of 28 Sept 2012 (Emergency Amendments to the Asylum Act), in force from 29 Sept. 2012 to 28 Sept. 2015 (AS 2012 5359; BBl 2010 4455, 2011 7325) and extended to 28 Sept. 2019 by No II of the FA of 26 Sept. 2014 (AS 2015 2047; BBl 2014 2087).
43 Inserted by No I of the FA of 28 Sept 2012 (Emergency Amendments to the Asylum Act), in force from 29 Sept. 2012 to 28 Sept. 2015 (AS 2012 5359; BBl 2010 4455, 2011 7325) and extended to 28 Sept. 2019 by No II of the FA of 26 Sept. 2014 (AS 2015 2047; BBl 2014 2087).
44 Repealed by No I of the FA of 28 Sept 2012 (Emergency Amendments to the Asylum Act), with effect from 29 Sept. 2012 to 28 Sept. 2015 (AS 2012 5359; BBl 2010 4455, 2011 7325) and extended to 28 Sept. 2019 by No II of the FA of 26 Sept. 2014 (AS 2015 2047; BBl 2014 2087).
45 Repealed by No I of the FA of 28 Sept 2012 (Emergency Amendments to the Asylum Act), with effect from 29 Sept. 2012 to 28 Sept. 2015 (AS 2012 5359; BBl 2010 4455, 2011 7325) and extended to 28 Sept. 2019 by No II of the FA of 26 Sept. 2014 (AS 2015 2047; BBl 2014 2087). See also the transitional provisions to the Amendment of 28.9.2012 at the end of the text.
46 Amended by Annex No 1 of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
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Art. 22
47
In the case of persons who apply for asylum at a Swiss airport, the competent authority shall record their personal details and take their fingerprints and photographs. It may record additional biometric data and summarily ask asylum seekers about their itinerary and the reasons for leaving their country.48 1bis The SEM shall verify its competence to carry out the asylum procedure, taking account of the provisions of the Dublin Association Agreements.49 1ter It shall authorise entry if Switzerland is competent to carry out the asylum procedure in accordance with Regulation (EC) No 604/201350 and the asylum seeker:51
a. appears to be at risk for any of the grounds stated in Article 3 paragraph 1 or under threat of inhumane treatment in the country from which they have directly arrived; or b. establishes that the country from which they have directly arrived would force them, in violation of the ban on refoulement, to return to a country in which they appear to be at risk.52 2
If, on the basis of the measures in accordance with paragraph 1 and the verification in accordance with paragraph 1bis, it is not immediately possible to determine whether the requirements for an entry permit in accordance with Article 1ter are fulfilled, entry shall be temporarily denied.53 2bis In order to avoid cases of hardship, the Federal Council may specify the additional cases in which entry will be authorised.54
47 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
48 Amended by Annex No 1 of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
49 Inserted by Annex No 1 of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
50 Council
Regulation
(EC) No 604/2013 of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national; (new version),
Amended by OJ L 180 of 29.6.2013, p. 31.
51 Amended by Annex No I 2 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).
52 Inserted by Annex No 1 of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
53 Amended by Annex No 1 of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
54 Inserted by Annex No 1 of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
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3
If the SEM denies entry to asylum seekers, it shall provide them with a place of stay and appropriate accommodation. It bears the cost of the accommodation. Airport operators are responsible for providing reasonably priced accommodation.55 4 The asylum seeker must be informed about the decision on denial of entry and on the allocation of a place of stay within two days of filing the application and be notified of their rights of appeal. Prior to this, the asylum seeker shall be granted a hearing in accordance with the law, and also be given the opportunity to have a legal representative.
5
Asylum seekers may be held at the airport or exceptionally at another location for a maximum of 60 days. On the issue of a legally binding removal order, asylum seekers may be transferred to a prison specifically for deportees.
6
The SEM may thereafter allocate asylum seekers to a canton. In all other cases, the further procedure at the airport is regulated by Articles 23, 29, 30, 36 and 37.
Art. 23
56
If the SEM does not grant entry into Switzerland, it may dismiss or reject the application for asylum.57 2 Notification must be given of the decision within 20 days of the application being filed. If the procedure lasts longer, the SEM shall allocate the asylum seeker to a canton.
Art. 24
58
a and 24b59
c60 Temporary use of federal military buildings and installations 1
Federal military buildings and installations may be used without cantonal or communal authorisation to accommodate asylum seekers for a maximum of three years provided the change in use does not require substantial structural measures and there is no significant change in the occupancy of the installation or building.
55 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325). See also the transitional provisions to this Amendment at the end of the text.
56 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
57 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
58 Repealed by Annex No 1 of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), with effect from 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
59 Not yet in force.
60 Inserted by No I of the FA of 25 Sept. 2015, in force since 1 Jan. 2018 (AS 2016 3101, 2017 6171; BBl 2014 7991).
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2
The following in particular do not constitute substantial structural measures within the meaning of paragraph 1: a. normal maintenance work on buildings and installations; b. minor structural
alterations;
c. the installation of equipment of secondary importance such as sanitary facilities or water and electricity connections;
d. movable
structures.
3
The same buildings or installations in terms of paragraph 1 may only be used again after a period of two years has elapsed, unless the canton and the commune concerned agree to dispense with this period; the exceptions in accordance with Article 55 are reserved.
4
After consulting the canton and commune concerned, the Confederation shall give notice to them of any change in use at the latest 60 days before the accommodation comes into operation.
Section 3
Procedure at First Instance
Art. 25
61
a62 Advisory preliminary meeting Before opening the asylum proceedings it must be clarified with the asylum seeker, whether an application for asylum has been filed under this Act and this application for asylum is sufficiently justifiable. If this is not the case and the asylum seeker withdraws his or her application, it shall be cancelled without a formal decision being taken and the return journey initiated. The SEM may invite third parties to attend this advisory preliminary meeting.
Art. 26
Reception and processing centres, preparatory phase63 1
The Confederation shall set up reception and processing centres, which shall be run by the SEM.
1bis
Asylum seekers who endanger public security and order or who by their behaviour seriously disrupt the normal operation of the reception and processing centres may be accommodated by the SEM in special centres that are set up and run by the SEM or by cantonal authorities. Asylum seekers that have been allocated to a canton may be accommodated subject to the same requirements in these centres. The Con-
61 Repealed by No I of the FA of 16 Dec. 2005, with effect from 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
62 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
63 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
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federation and the cantons share the cost of the centres in proportion to the use that they make of them.64 1ter The same procedures as in the reception and processing centres, with the exception of filing an application for asylum, may be carried out in the centres mentioned in paragraph 1bis.65 1quater
After the application for asylum has been filed, the preparatory phase begins.
It last no longer than three weeks.66 2 The reception and processing centre shall record the asylum seekers' personal details and shall normally take their fingerprints and photographs. In the preparatory phase, the SEM records the asylum seekers' personal details and normally takes their fingerprints and photographs. It may collect additional biometric data, prepare reports on a person's age (Art. 17 para. 3bis), verify evidence and travel and identity documents and make enquiries specific to origin and identity. It may ask the asylum seekers about their identity and their itinerary, and summarily about the reasons for leaving their country.67 2bis The comparison of data under Article 102abis paragraphs 2 and 3 and the request for admission or readmission to the competent state bound by one of the Dublin Association Agreements is normally made during the preparatory phase. 68 2ter The SEM may delegate the task of managing the operation of reception and processing centres and special centres under paragraph 1bis as well as further tasks under paragraph 2 to third parties; such tasks do not include interviewing asylum seekers under paragraph 2. Third parties are subject to the same duty of confidentiality as federal personnel.69 3 The Federal Justice and Police Department (FDJP70) shall issue provisions to ensure a rapid procedure that is operated efficiently.
64 Inserted by No I of the FA of 28 Sept 2012 (Emergency Amendments to the Asylum Act), in force from 29 Sept. 2012 to 28 Sept. 2015 (AS 2012 5359; BBl 2010 4455, 2011 7325) and extended to 28 Sept. 2019 by No II of the FA of 26 Sept. 2014 (AS 2015 2047; BBl 2014 2087).
65 Inserted by No I of the FA of 28 Sept 2012 (Emergency Amendments to the Asylum Act), in force from 29 Sept. 2012 to 28 Sept. 2015 (AS 2012 5359; BBl 2010 4455, 2011 7325) and extended to 28 Sept. 2019 by No II of the FA of 26 Sept. 2014 (AS 2015 2047; BBl 2014 2087).
66 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
67 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
68 Inserted by No I of the FA of 16 Dec. 2005 (AS 2006 4745, 2007 5573; BBl 2002 6845).
Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
69 Inserted by No I of the FA of 28 Sept 2012 (Emergency Amendments to the Asylum Act), in force from 29 Sept. 2012 to 28 Sept. 2015 (AS 2012 5359; BBl 2010 4455, 2011 7325) and extended to 28 Sept. 2019 by No II of the FA of 26 Sept. 2014 (AS 2015 2047; BBl 2014 2087).
70 Term in accordance with No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325). This change has been made throughout the text.
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bis71 72 Establishing medical condition 1 Immediately after filing their application, but at the latest at the hearing on the grounds for asylum under Article 36 paragraph 2 or being granted a hearing under Article 36 paragraph 1, asylum seekers must state any serious health problems of relevance to the asylum and removal procedures of which they were aware when filing the application for asylum.
2
The SEM appoints a competent medical specialist to investigate matters contended under paragraph 1. Article 82a applies mutatis mutandis. The SEM may delegate the required medical duties to a third party.
3
Medical problems that are claimed later or established by another medical specialist may be taken into account in the asylum and removal procedures if they are proven. The provision of prima facie evidence suffices by way of exception if there are excusable grounds for the delay or proof cannot be provided in the case in question for medical reasons. The SEM may call in an independent medical examiner.
a73 Use of federal installations and buildings to accommodate asylum seekers 1
Federal installations and buildings may be used without cantonal or communal authorisation to accommodate asylum seekers for a maximum of three years provided the change in use does not require substantial structural measures and there is no significant change in the occupancy of the installation or building.
2
The following in particular do not constitute substantial structural measures within the meaning of paragraph 1: a. normal maintenance work on buildings and installations; b. minor structural
alterations;
c. the installation of equipment of secondary importance such as sanitary facilities or water and electricity connections;
d. movable
structures.
4
After consulting the canton and commune concerned, the Confederation shall give notice to them of any change in use at the latest 60 days before the accommodation comes into operation.
Art. 27
Allocation to the cantons 1
The cantons shall come to an agreement on the allocation of asylum seekers.
71 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325). See also the transitional provisions to this Amendment at the end of the text.
72 This Art. will become Art. 26a when Art. 26a ceases to apply (AS 2017 6171).
73 Inserted by No I of the FA of 28 Sept 2012 (Emergency Amendments to the Asylum Act), in force from 29 Sept. 2012 to 28 Sept. 2015 (AS 2012 5359; BBl 2010 4455, 2011 7325) and extended to 28 Sept. 2019 by No II of the FA of 26 Sept. 2014 (AS 2015 2047; BBl 2014 2087).
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2
If the cantons cannot reach an agreement, the Federal Council shall, after hearing them, set out the criteria for allocation in an ordinance.
3
The SEM shall allocate asylum seekers to the cantons (cantons of allocation).74 In doing so, it shall take account of the interests of the cantons and the asylum seekers that are worthy of protection. Asylum seekers may only contest the decision on allocation if it violates the principle of family unity.
4
Persons whose application for asylum was dismissed or rejected at the reception and processing centre (Art. 32-34) shall not be allocated to a canton. Exempted therefrom are in particular persons:75 a. who have filed an appeal which has not, however, been decided within a reasonable time from filing of the application for asylum; or
b. who are being prosecuted for or have already been convicted of a felony or misdemeanour committed in Switzerland; c.76 ….77
Art. 28
Allocation of a place of stay and accommodation 1
The SEM or the cantonal authorities may allocate asylum seekers to a place of stay.
2
They may allocate asylum seekers accommodation, and in particular accommodate them as a group. The cantons shall ensure that this procedure is operated efficiently; they may lay down provisions and take measures.78
Art. 29
Hearing on the grounds for asylum 1
The SEM shall interview asylum seekers on their grounds for asylum: a. in the reception and processing centres; or b. in the canton, within 20 days after the decision on allocation.79 1bis
If necessary, it shall call in an interpreter.80 2
The asylum seekers may be accompanied by a representative and an interpreter of their choice who are not themselves asylum seekers.
74 Amended by No I 2 of the FA of 19 Dec. 2003 on the Budgetary Relief Programme 2003, in force since 1 Apr. 2004 (AS 2004 1633; BBl 2003 5615).
75 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
76 Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
77 Inserted by No I 2 of the FA of 19 Dec. 2003 on the Budgetary Relief Programme 2003, in force since 1 Apr. 2004 (AS 2004 1633; BBl 2003 5615).
78 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
79 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
80 Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
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3
Minutes shall be taken of the hearing. They shall be signed by those participating in the hearing, with the exception of the representative of the charitable organisations.
4
The SEM may entrust the cantonal authorities with the conduct of the hearing if this leads to a considerable acceleration of the procedure. The hearing shall be conducted according to paragraphs 1-3.81
a82 Cooperation in establishing the circumstances The Federal Council may enter into agreements with third countries and international organisations on cooperation in establishing the circumstances of cases. It may in particular enter into agreements on a mutual exchange of information in order to establish the motives for seeking asylum of an asylum seeker in his or her native country or country of origin, his or her itinerary and his or her stay in a third country.
Art. 30
Representation of the charitable organisations 1
Authorised charitable organisations shall send a representative to the hearing on the grounds for asylum in accordance with Article 29, provided the asylum seeker does not object.
2
The Federal Council shall regulate the requirements for the authorisation the attendance of the charitable organisations. The FDJP is responsible for authorisation.
The charitable organisations are responsible for the coordination of their presence at the hearing.
3
The authorities shall notify the charitable organisations of the dates of hearings in good time. If the representative of the charitable organisations does not respond to the invitation, the hearings shall nevertheless have full legal effect.
4
The representative of the charitable organisations shall observe the hearing, but does not have party rights. They shall confirm their participation with their signature and are subject to the duty of confidentiality towards third parties. The representative may suggest that questions be asked aimed at clarifying the facts of the case, suggest further clarification and raise objections to the minutes.
Art. 31
83
81 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
82 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
83 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
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a84 SEM decisions
1
The SEM shall normally dismiss an application for asylum if the asylum seeker: a. can return to a safe third country under Article 6a paragraph 2 letter b in which he or she was previously resident: b. can travel to a third country that is responsible under an international agreement for conducting the asylum and removal procedures;
c. can return to a third country in which he or she was previously resident; d. can continue to a third country for which he or she holds a visa and in which he or she can seek protection; e. can continue to a third country in which persons with whom he or she has a close relationship or dependants live; f.85 can be removed to their native country or country of origin under Article 31b.
2
Paragraph 1 letters c-e do not apply if there are indications in the case in question that the third country does not provide effective protection against refoulement in terms of Article 5 paragraph 1.
3
The SEM shall dismiss an application that fails to meet the requirements of Article 18. This applies in particular if the application for asylum is made exclusively for economic or medical reasons.
4
In the other cases, the SEM shall reject the application for asylum if refugee status has neither been proven nor credibly demonstrated or there are grounds for denying asylum under Articles 52-54.
b86 Recognition of asylum and removal decisions made in Dublin States 1
An asylum seeker in respect of whom a negative asylum decision and a legally binding removal decision has been issued in a state that is bound by one of the Dublin Association Agreements (Dublin State) may be removed directly to their native country or country of origin in accordance with the requirements of Directive 2001/40/EC87 if: a. the competent Dublin State has not executed any removals to the asylum seeker's native country or country of origin for a long period; and b. it is likely that removal from Switzerland can be executed quickly.
84 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
85 Inserted by No I of the FA of 26 Sept. 2014, in force since 1 July 2015 (AS 2015 1871; BBl 2014 3373).
86 Inserted by No I of the FA of 26 Sept. 2014, in force since 1 July 2015 (AS 2015 1871; BBl 2014 3373).
87 Council
Directive
2001/40/EC
of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149 of 2.6.2001, p. 34.
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2
The SEM shall obtain the information required to execute the removal from the the competent authorities of the Dublin State concerned and make the necessary arrangements.
Art. 32
-3588
Art. 35
a89 Resumption of asylum proceedings under the Dublin procedure If Switzerland is responsible for assessing an asylum application on the basis of Regulation (EC) No 604/201390, the asylum proceedings shall be resumed, even if the asylum application had previously been dismissed.
Art. 36
91
If it is decided to dismiss an application under Article 31a paragraph 1, the asylum seeker is granted a hearing. The same applies if the asylum seeker: a. deceives the authorities as to his or her identity and this deception is confirmed by the results of the identification procedure or other evidence;
b. bases his or her application primarily on forged or falsified evidence; c. seriously and culpably fails to cooperate in some other way.
2
In the other cases, a hearing is held under Article 29.
Art. 37
92
Decisions to dismiss an application must normally be made within five working days of the application being filed or after the Dublin state concerned has agreed to the transfer request under Articles 19 and 20 of Regulation (EC) No 343/200393.94 2 In other cases, decisions must normally be made within ten working days of the application being filed.95 88 Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
89 Inserted by No I of the FA of 16 Dec. 2005 (AS 2006 4745; BBl 2002 6845). Amended by Annex No I 2 of the FD of 26 Sept. 2014 (Adoption of R[EU] establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).
90 See footnote to Art. 22 para. 1ter.
91 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
92 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
93 Council
Regulation
(EC) No 343/2003 of 18 Feb. 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application ledged in one of the Member States by a third-country national, OJ. L 50 of
25.2.2003, p. 1.
94 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
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3
…96
4
The SEM shall decide with particular expeditiousness if the person seeking asylum is in detention pending extradition or has been made subject to an expulsion order under Article 66a or 66abis of the Criminal Code (SCC)97 or Article 49a or 49abis of the Military Criminal Code of 13 June 192798 (MCC).99
a100 Grounds Decisions to dismiss an application must be accompanied by a summary statement of grounds.
b101 SEM processing strategy The SEM shall set out in a processing strategy which applications for asylum shall be processed as a priority. In doing so, it shall pay particular attention to the statutory time limits, the situation in the countries of origin, the evident merits or otherwise of the applications and the conduct of the asylum seekers.
Art. 38
102
Art. 39
103
Granting temporary protection If, as a result of the questioning at the reception and processing centre or at the hearing, it is obvious that asylum seekers belong to a group of persons in need of protection in accordance with Article 66, they shall be granted temporary protection.
95 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
96 Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
97 SR
311.0
98 SR
321.0
99 Inserted by No I 1 of the FA of 1 Oct. 2010 on the Coordination of Asylum and Extradition Procedures (AS 2011 925; BBl 2010 1467). Amended by Annex No 2 of the FA of
20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct.
2016 (AS 2016 2329; BBl 2013 5975).
100 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
101 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
102 Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
103 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
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Art. 40
Rejection without further investigations 1
If, as a result of the hearing, it is obvious that asylum seekers are unable to prove or credibly demonstrate their refugee status and there are no grounds preventing their removal, the application shall be rejected without further investigations.
2
The decision must at least be summarily substantiated.104
Art. 41
105
a106 Coordination with the extradition proceedings If the person seeking asylum is the subject of an application for extradition in accordance with the Mutual Assistance Act of 20 March 1981107, the SEM shall consult the files on the extradition proceedings when deciding on the asylum application.
Section 4
Status of Asylum Seekers during the Procedure
Art. 42
108
Art. 43
Authorisation to engage in gainful employment 1
For the first three months after filing an application for asylum, asylum seekers may not engage in any gainful employment. If asylum is denied at the first instance within this period, the Canton may refuse the authorisation to engage in gainful employment for a further three months.
1bis
The additional requirements for authorisation to engage in gainful employment are governed by the Federal Act of 16 December 2005109 on Foreign Nationals (FNIA).110 2 If an application for asylum is rejected in a legally binding decision, the authorisation to engage in gainful employment expires on expiry of the deadline specified for departure, even if an extraordinary legal remedy has been applied for and the en-
104 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
105 Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
106 Inserted by No I 1 of the FA of 1 Oct. 2010 on the Coordination of Asylum and Extradition Proceedings, in force since 1 Apr. 2011 (AS 2011 925; BBl 2010 1467).
107 SR
351.1
108 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
109 SR
142.20
110 Inserted by Annex No II 1 of the FA of 16 Dec. 2005 on Foreign Nationals, in force since 1 Jan. 2008 (AS 2007 5437, 2008 5405; BBl 2002 3709).
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forcement of removal has been suspended. If the SEM extends the departure deadline as part of the ordinary procedure, gainful employment may continue to be authorised. No authorisation to engage in gainful employment may be granted during proceedings under Article 111c.111 3 The FDJP may, in agreement with the Federal Department of Economic Affairs, Education and Research authorise the cantons to extend permits for certain categories of persons to pursue gainful employment beyond the expiry the departure deadline, provided special circumstances justify this. This also applies mutatis mutandis to asylum proceedings under Article 111c.112 3bis The Federal Council may issue a temporary ban on employment for certain groups of asylum seekers.113 4 Asylum seekers who are entitled to pursue gainful employment in accordance with the immigration provisions or who participate in charitable occupational programmes are not subject to the ban on employment.
Section 5
Enforcement of Removal Orders and Alternative Measures114
Art. 44
115
If the SEM rejects or dismisses the application for asylum, it shall normally order and enforce removal from Switzerland; however, in doing so it shall take account of the principle of family unity. In addition, Articles 83 and 84 FNIA116 apply to the enforcement of the removal order.
a117 111 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
112 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
113 Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
114 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
115 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
116 SR
142.20
117 Inserted by No I 2 of the FA of 19 Dec. 2003 on the 2003 Budgetary Relief Programme (AS 2004 1633; BBl 2003 5615). Repealed by No I of the FA of 16 Dec. 2005, with effect from 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
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Art. 45
Removal order118
1
The removal order shall indicate: a. the obligation of the asylum seeker to leave Switzerland; b. the time by which the asylum seeker must have left Switzerland; where temporary admission has been granted, the departure date is determined when the decision is made to revoke temporary admission;
c. the coercive measures that apply in the event of non-compliance; d. if applicable, the designation of the states to which the asylum seeker may not be returned;
e. if applicable, the ordering of an alternative measure instead of enforcing the removal order;
f.
the designation of the canton responsible for the enforcement of the removal order or the alternative measure.
2
On issuing the removal order, an appropriate departure deadline of between seven and thirty days must be set. A longer period must be set or the departure deadline extended if special circumstances such as the family situation, health problems or a long period of stay so require.119 3 The removal order must be enforced immediately or a departure deadline of less than seven days may be set where the person concerned is being removed under the Dublin Association Agreements120.121 4 The asylum seeker must be provided with an information sheet with an explanation of the removal order.122
Art. 46
Enforcement by the cantons 1
The canton of allocation is obliged to enforce the removal order.123 1bis
In the case of persons who in accordance with Article 27 paragraph 4 have not been allocated to a canton, the canton responsible for enforcing the removal order is the canton specified in the removal order in accordance with Article 45 paragraph 1 letter f. In designating the canton that is responsible for enforcing the removal order, 118 Amended by Art. 2 No 2 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
119 Amended by Art. 2 No 2 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
120 These Agreements are listed in Annex 1.
121 Inserted by Art. 2 No 2 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
122 Inserted by Art. 2 No 2 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
123 Amended by No I 2 of the FA of 19 Dec. 2003 on the 2003 Budgetary Relief Programme, in force since 1 Apr. 2004 (AS 2004 1633 1647; BBl 2003 5615).
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the key for the allocation of asylum seekers to the cantons applies mutatis mutandis.124 2 If enforcement proves impossible, the canton shall apply to the SEM for temporary admission to be granted.
3
The SEM supervises enforcement and, working with the cantons, shall establish a system for monitoring the enforcement of removal.125
Art. 47
Measures where the place of stay is unknown If asylum seekers subject to a removal order avoid enforcement of the order by concealing their place of stay, the canton or the SEM may arrange for their registration in the police system for tracing missing persons.
Art. 48
Cantonal cooperation
If asylum seekers are not located in the canton responsible for the enforcing the removal order, the canton of stay shall provide administrative assistance on request.
Administrative assistance includes in particular delivering the person concerned to the competent canton or deporting them directly.
Chapter 3 Granting of Asylum and Legal Status of Refugees Section 1 Granting of Asylum
Art. 49
Principle Asylum is granted to persons if they have refugee status and there are no grounds for denying asylum.
Art. 50
Country of second asylum Refugees who have been admitted as such to another state may be granted asylum if they have resided in Switzerland in a law-abiding manner and without interruption for a minimum of two years.
Art. 51
Family asylum
1
Spouses or registered partners of refugees and their minor children shall be recognised as refugees and granted asylum provided there are no special circumstances that preclude this.126
124 Inserted by No I 2 of the FA of 19 Dec. 2003 on the 2003 Budgetary Relief Programme, in force since 1 Apr. 2004 (AS 2004 1633; BBl 2003 5615).
125 Inserted by No I of the FA of 25 Sept. 2015, in force since 1 Oct. 2016 (AS 2016 3101; BBl 2014 7991).
126 Amended by No I 2 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).
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1bis
If, during the asylum procedure, the SEM has reason to believe that there are grounds under Article 105 number 5 or 6 of the Civil Code127 (CC) for the marriage to be annulled, they shall report this to the competent authority under Article 106 CC. The procedure shall be suspended until this authority makes its decision. If the authority raises an action for annulment, the request is suspended until a legally binding judgment has been issued.128 2 …129
3
Children born in Switzerland to refugee parents shall be recognised as refugees, provided if there are no special circumstances that preclude this.130 4 If the persons entitled under paragraphs 1 were separated during flight and are now abroad, their entry must be authorised on request.131 5 …132
Art. 52
Admission to a third country 1
…133
2
…134
Art. 53
135
127 SR
210
128 Inserted by No I 2 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).
129 Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
130 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
131 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
132 Repealed by No I of the FA of 16 Dec. 2005, with effect from 1 Jan. 2007 (AS 2006 4745 4767; BBl 2002 6845).
133 Repealed by No I of the FA of 16 Dec. 2005, with effect from 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
134 Repealed by No I of the FA of 28 Sept 2012 (Emergency Amendments to the Asylum Act), with effect from 29 Sept. 2012 to 28 Sept. 2015 (AS 2012 5359; BBl 2010 4455, 2011 7325) and extended to 28 Sept. 2019 by No II of the FA of 26 Sept.
2014 (AS 2015 2047; BBl 2014 2087). See also the transitional provisions to this amendment at the end of the text.
135 Amended by Annex No 2 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
136 SR
311.0
137 SR
321.0
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Art. 54
Subjective post-flight grounds Refugees shall not be granted asylum if they became refugees in accordance with Article 3 only by leaving their native country or country of origin or due to their conduct after their departure.
Art. 55
Exceptional situations
1
In times of increased international tension, in the event of the outbreak of an armed conflict in which Switzerland is not involved, or in the event of an exceptionally large influx of asylum seekers in times of peace, Switzerland shall grant asylum to refugees as long as the circumstances permit.
2
The Federal Council shall take the required measures. It may, in derogation from the law, restrict the requirements for granting asylum and the legal status of the refugees and issue special procedural provisions. It shall submit a report on this to the Federal Assembly immediately.
3
If Switzerland's capacity to permanently accommodate refugees is exceeded, asylum may only be granted temporarily until those admitted are able to go elsewhere.
4
If it becomes apparent that a considerable number of refugees are coming to Switzerland, the Federal Council shall seek rapid and effective international cooperation with a view to their reallocation to other countries.
Section 2
Asylum for Groups
Art. 56
Decision 1 A Federal Council decision is required for asylum to be granted to large groups of refugees. The Department shall decide in the case of smaller groups of refugees.
2
The SEM shall determine who belongs to such a group.
Art. 57
Allocation and initial integration 1
For the allocation of the refugees to the cantons, Article 27 applies.
2
The Confederation may in the interests of initial integration temporarily allocate groups of refugees to accommodation and, in particular house them in an initial integration centre.
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Section 3
Legal Status of Refugees
Art. 58
Principle The legal status of refugees in Switzerland is governed by the law applicable to foreign nationals, unless special provisions, in particular of this Act and of the Refugee Convention of 28 July 1951138, apply.
Art. 59
139 Effect Persons to whom Switzerland has granted asylum or who fulfil the requirements for refugee status are deemed in their relations with all federal and cantonal authorities to be refugees within the meaning of this Act and the Convention of 28 July 1951140 relating to the Status of Refugees.
Art. 60
141
1
Persons to whom asylum has been granted have the right to a residence permit in the canton in which they legally stay.
2
The granting of a permanent residence permit is governed by Article 34 FNIA142.143
Art. 61
144
1
Persons to whom Switzerland has granted asylum or whom Switzerland has temporarily admitted as refugees shall be permitted to engage in gainful employment anywhere in Switzerland provided salary and employment conditions customary for the location, profession and sector are satisfied (Art. 22 FNIA145).
2
The employer must report the start, end or change of employment to the cantonal authority responsible for the place of work in advance. The reporting procedure is governed by Article 85a paragraphs 2-6 FNIA. 3 Paragraph 2 does not apply to recognised refugees who hold a permanent residence permit.
138 SR
0.142.30
139 Amended by Annex No 2 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
140 SR
0.142.30
141 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
142 SR
142.20
143 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
144 Amended by Annex No 1 of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821).
145 SR
142.20
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Art. 62
Medical examinations
Persons to whom Switzerland has granted asylum shall be permitted to sit federal medical examinations; the Federal Department of Home Affairs shall determine the requirements.
Section 4
Termination of Asylum
Art. 63
Revocation 1 The SEM shall revoke asylum or deprive a person of refugee status: a. if the foreign national concerned has fraudulently obtained asylum or refugee status by providing false information or by concealing essential facts;
b. if any of the grounds stated in Article 1 letter C numbers 1-6 of the Refugee Convention of 28 July 1951146 apply.
2
The SEM shall revoke asylum if a refugee has violated or represents a threat to Switzerland's internal or external security, or has committed a particularly serious criminal offence.
3
The revocation of asylum or the deprivation of refugee status applies in relation to all federal and cantonal authorities.
4
The revocation of asylum or the deprivation of refugee status does not extend to the spouse or the children of the person concerned.147
Art. 64
Expiry 1 Asylum in Switzerland shall expire if: a.148 the refugee has lived more than one year abroad; b. the refugee has been granted asylum or permission to stay permanently in another country;
c. the refugee renounces their refugee status; d.149 an order for removal or expulsion has been executed; 146 SR
0.142.30
147 Amended by No I 2 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).
148 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
149 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
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e.150 an expulsion order under Article 66a or 66abis SCC151 or Article 49a or 49abis MCC152 has become legally enforceable.
2
The SEM may extend the deadline in accordance with paragraph 1 letter a under special circumstances.
3
Refugee status and asylum shall expire if the foreign national acquires Swiss nationality in accordance with Article 1 number C letter 3 of the Refugee Convention of 28 July 1951153.154
Art. 65
155
Refugees may be expelled only if they endanger Switzerland's internal or external security or have seriously violated public order, subject to Article 5. The removal or expulsion of refugees is governed by Article 64 FNIA156 in conjunction with Article 63 paragraph 1 letter b and Article 68 FNIA. Article 5 is reserved.
Chapter 4
Granting Temporary Protection and the Legal Status of Persons in Need of Protection Section 1 General Provisions
Art. 66
Policy decision of the Federal Council 1
The Federal Council shall decide whether and according to which criteria Switzerland will grant temporary protection to groups of persons in need of protection in accordance with Article 4.
2
Before doing so, it shall consult representatives of the cantons, the charitable organisations and if need be additional non-governmental organisations as well as the Office of the United Nations High Commissioner for Refugees.
Art. 67
Foreign policy
measures
1
The granting of temporary protection as well as measures and assistance in the native country or country of origin or in the region of origin of the persons in need of protection should complement one another as far as possible.
150 Inserted by Annex No 2 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
151 SR
311.0
152 SR
321.0
153 SR
0.142.30
154 Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
155 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
156 SR
142.20
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2
The Confederation shall work with the native country or country of origin, other host countries and international organisations to create the conditions for the safe return of the persons in need of protection.
Section 2
Procedure
Art. 68
Persons in need of protection abroad 1
The SEM shall define the group of persons in need of protection in detail and decide who will be granted temporary protection in Switzerland. In doing so, it shall take account of the principle of family unity.
2
The decision on granting temporary protection may only contested on the grounds that it violates the principle of family unity.
3
…157
Art. 69
Persons in need of protection at the border or in Switzerland 1
Articles 18 and 19 and 21-24 apply mutatis mutandis to applications filed at the border or in Switzerland by persons in need of protection.
2
If there is no obvious persecution in terms of Article 3, the SEM shall, following questioning at the reception and processing centre in accordance with Article 26, determine who belongs to a group of persons in need of protection and who will be granted temporary protection in Switzerland. There is no appeal against the decision on whether to grant temporary protection.
3
If a person is granted temporary protection, the procedure for any application for recognition as a refugee shall be suspended.
4
If the SEM intends to refuse temporary protection, it shall continue the procedure for recognition as a refugee or the removal proceedings immediately.
Art. 70
Resumption of the procedure for recognition as a refugee Persons in need of protection who have filed an application for recognition as a refugee may request the resumption of the procedure for recognition as a refugee at the earliest five years following the decision to suspend the procedure in accordance with Article 69 paragraph 3. On the resumption of this procedure, temporary protection shall be revoked.
157 Repealed by No I of the FA of 28 Sept 2012 (Emergency Amendments to the Asylum Act), with effect from 29 Sept. 2012 to 28 Sept. 2015 (AS 2012 5359; BBl 2010 4455, 2011 7325) and extended to 28 Sept. 2019 by No II of the FA of 26 Sept. 2014 (AS 2015 2047; BBl 2014 2087). See also the transitional provisions to the Amendment of 28.9.2012 at the end of the text.
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Art. 71
Granting temporary protection to families 1
Spouses of persons in need of protection and their minor children shall be granted temporary protection if:158 a. they apply for protection together and there are no grounds for rejection in terms of Article 73;
b. the family was separated by events such as those cited in Article 4, wishes to be reunited in Switzerland and there are no special circumstances that preclude this.
1bis
If, during the procedure to grant temporary protection, the SEM has reason to believe that there are grounds under Article 105 number 5 or 6 CC159 for the marriage to be annulled, they shall report this to the competent authority under Article 106 CC. The request for reunification shall be suspended until this authority makes its decision. If the authority raises an action for annulment, the request is suspended until a legally binding judgment has been issued.160 2 Children born in Switzerland to persons in need of protection shall also be granted temporary protection.
3
If the persons entitled to protection are abroad, their entry must be authorised.
4
The Federal Council shall regulate the requirements for family reunion in Switzerland in other cases.
Art. 72
Procedure In addition, the provisions of Sections 1 and 3 of Chapter 2 apply mutatis mutandis to the procedure in accordance with Articles 68, 69 and 71161.
Art. 73
162
158 Amended by No I 2 of the FA of 15 June 2012 on Measures against Forced- Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).
159 SR
210
160 Inserted by No I 2 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).
161 Adjusted according to the drafting committee of the Federal Assembly [Art. 33 Parliamentary Procedure Act - AS 1974 1051].
162 Amended by Annex No 2 of the FA of 20 March 2015 (Implementation of Art. 121 para.
3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
163 SR
311.0
164 SR
321.0
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Section 3
Legal Status
Art. 74
Regulation of stay
1
Persons in need of protection shall reside in the canton to which they have been allocated.
2
If the federal council has not yet revoked temporary protection within five years, the persons in need of protection shall receive from this canton a residence permit limited until the revocation of temporary protection.
3
Ten years after the granting of temporary protection, the canton may grant persons in need of protection a permanent residence permit.
Art. 75
Authorisation to engage in gainful employment 1
For the first three months after entry into Switzerland, persons in need of protection may not engage in gainful employment. Thereafter, the requirements for authorisation to engage in gainful employment are governed by the FNIA165.166 2
The Federal Council may stipulate more favourable conditions for gainful employment.
3
Work permits already issued shall remain valid.
4
Persons in need of protection who are entitled to pursue gainful employment in accordance with provisions laid down by the immigration authorities or who participate in charitable occupational programmes are not subject to the ban on working.
Section 4
Termination of the Temporary Protection and Return
Art. 76
Withdrawal of temporary protection and removal 1
After consultation with representatives of the cantons, the charitable organisations and, if required, other non-governmental organisations, the Office of the United High Commissioner for Refugees as well as with international organisations, the Federal Council shall determine when the temporary protection for certain groups of persons in need of protection will be withdrawn; it shall make the decision in a general ruling.
2
The SEM shall grant the persons affected by the decision in accordance with paragraph 1 the right to a hearing.
3
If as a result of the hearing, indications of persecution are revealed, a further hearing shall take place in accordance with Article 29.167
165 SR
142.20
166 Amended of the second sentence in accordance with Annex No II 1 of the FA of 16 Dec. 2005 on Foreign Nationals, in force since 1 Jan. 2008 (AS 2007 5437, 2008 5405; BBl 2002 3709).
167 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
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4
If, having been granted the right to a hearing, the person concerned does not express his or her views, the SEM shall issue a removal order. For the enforcement of the removal order, Articles 10 paragraph 4 and 46-48 of this Act as well as Article 71 of the FNIA168 apply mutatis mutandis.169
Art. 77
Return The Confederation shall support international efforts to organise the return of persons in need of protection.
Art. 78
Revocation 1 The SEM may revoke temporary protection if: a. it has been fraudulently obtained by providing false information or by concealing essential facts;
b. the person in need of protection has violated or endangered Switzerland's internal or external security or is guilty of serious misconduct; c. since being granted temporary protection, the person in need of protection has resided repeatedly or for an extended period of time in their native country or country of origin; d. the person in need of protection has a legal right of residence in a third country where they may return.
2
Temporary protection shall not be revoked if the person in need of protection travels to their native country or country of origin with the consent of the competent authorities.
3
The revocation of temporary protection does not extend to the spouse and the children, unless it is shown they are not in need of protection.170 4 If it is intended to revoke temporary protection, a hearing shall normally take place in accordance with Articles 29 and 30.
Art. 79
171 Expiry Temporary protection expires if the person in need of protection: a. has transferred the focus of their living conditions abroad; b. has renounced temporary protection; 168 SR
142.20
169 Amended of the second sentence in accordance with Annex No II 1 of the FA of 16 Dec. 2005 on Foreign Nationals, in force since 1 Jan. 2008 (AS 2007 5437, 2008 5405; BBl 2002 3709).
170 Amended by No I 2 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).
171 Amended by Annex No 2 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
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c. has received a permanent residence permit in accordance with the FNIA172; or
d. is made subject to a legally enforceable expulsion order under Article 66a or 66abis SCC173 or Article 49a or 49abis MCC174.
a175 Registered partnership
The provisions of Chapters 3 and 4 on spouses apply mutatis mutandis to registered partnerships of same-sex couples.
Chapter 5
Social Assistance and Emergency Aid176 Section 1
Provision of Social Assistance, Emergency Aid, Child Allowances and Primary Education177
Art. 80
178
The Confederation shall provide social assistance or emergency aid to persons staying in Switzerland on the basis of this Act and who are accommodated in a federal centre or in an initial integration centre for groups of refugees. It shall work with the canton concerned to ensure that health-care and primary education are provided. It may delegate these tasks entirely or in part to third parties. Articles 8183a apply mutatis mutandis.
2
The SEM shall reimburse third party contractors in respect of the administrative and staff costs that they incur in fulfilling their tasks under paragraph 1. The payments shall be determined at a flat rate. By way of exception, the payments may be based on the actual costs, in particularly when reimbursing individual non-recurring costs.
3
The SEM may arrange with the canton concerned that it enter into a contract for compulsory health insurance. The SEM shall reimburse the costs of the health insurance premiums, deductible and franchise.
4
The canton concerned shall organise primary education for asylum seekers of school age who are accommodated in a federal centre. The lessons shall be provided in the centres as required. The Confederation may subsidise the provision of primary school education. The payments shall be determined at a flat rate. By way of excep172 SR
142.20
173 SR
311.0
174 SR
321.0
175 Inserted by No I 2 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).
176 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
177 Amended by No I of the FA of 25 Sept. 2015, in force since 1 Oct. 2016 (AS 2016 3101; BBl 2014 7991).
178 Amended by No I of the FA of 25 Sept. 2015, in force since 1 Oct. 2016 (AS 2016 3101; BBl 2014 7991).
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tion, the payments may be based on the actual costs, in particularly when reimbursing individual non-recurring costs.
a179 Responsibility in the cantons The cantons of allocation shall provide social assistance or emergency aid for persons staying in Switzerland on the basis of this Act. Persons who have not been allocated to a canton shall be granted emergency aid by the canton that has been designated responsible for enforcing removal. The cantons may delegate the fulfilment of these tasks entirely or in part to third parties.
Art. 81
180
Art. 82
181
The payment of social assistance benefits and emergency aid is regulated by cantonal law. Persons subject to a legally binding removal decision for which a departure deadline has been fixed are excluded from receiving social assistance.182 2
For the duration of an extraordinary appeal or of asylum proceedings under Article 111c, persons under paragraph 1 and asylum seekers shall on application receive emergency aid. This is also the case if enforcement of the removal order is suspended.183 2bis The cantons may pay social assistance benefits to persons under paragraphs 1 and 2 for the duration of a general moratorium on decision-making and enforcement and if the FDJP so provides. Payments are governed by Article 88 paragraph 2.184 3 For asylum seekers and persons in need of protection who do not hold a residence permit, support shall be provided in the form of non-cash benefits wherever possible. The level of support is less than that given to the local population.185 179 Inserted by No I of the FA of 25 Sept. 2015, in force since 1 Oct. 2016 (AS 2016 3101; BBl 2014 7991).
180 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
181 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
182 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
183 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
184 Inserted by No I of the FA of 25 Sept. 2015, in force since 1 Oct. 2016 (AS 2016 3101; BBl 2014 7991).
185 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
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4
Emergency aid must wherever possible be provided in the form of non-cash benefits at the locations indicated by the cantons or the Confederation. The level of support is less than that of the social assistance paid to asylum seekers and persons in need of protection who do not have a residence permit.186 5
The special situation of refugees and persons in need of protection who have a right to a residence permit must be taken into account in determining the level of support; in particular professional, social and cultural integration shall be facilitated.
a187 Health insurance for asylum seekers and persons in need of protection without a residence permit 1
Health insurance for asylum seekers and persons in need of protection without a residence permit must be arranged in accordance with the provisions of the Federal Act of 18 March 1994188 on Health Insurance (HIA), subject to the following provisions.
2
The cantons may limit the choice of insurers for asylum seekers and persons in need of protection without a residence permit and may specify one or more insurers who offer a special form of insurance in accordance with Article 41 paragraph 4 HIA.
3
They may limit the choice of service providers for asylum seekers and persons in need of protection without a residence permit in accordance with Articles 36-40 HIA. They may do this before designating an insurer in terms of paragraph 2.
4
They may limit the choice for asylum seekers and persons in need of protection without a residence permit designate to one or more insurers who offer insurance with a limited selection of service providers in terms of Article 41 paragraph 4 HIA.
5
The Federal Council shall regulate the details of the limitation of the choice of the service providers.
6
The cantons and the insurers may agree to dispense with cost sharing in accordance with Article 64 paragraph 2 HIA.
7
As long as asylum seekers and persons in need of protection without a residence permit are reliant solely or partly on social assistance, their right to premium reductions in accordance with Article 65 HIA shall be suspended. This right shall revive respectively when the asylum seekers are recognised as refugees, the persons in need of protection are entitled to a residence permit, or the persons are no longer in receipt of social assistance.
186 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
187 Inserted by No II of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4823, 2007 5575; BBl 2002 6845).
188 SR
832.10
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Art. 83
Restrictions of social assistance benefits189 1
Social benefits or reduced benefits under Article 82 paragraph 3 must be completely or partially refused, reduced or withdrawn if the beneficiary:190
a. has obtained them or attempted to obtain them by providing untrue or incomplete information;
b. refuses to give the competent office information about their financial circumstances, or fails to authorise the office to obtain this information;
c. does not report important changes in their circumstances; d. obviously neglects to improve their situation, in particular by refusing to accept reasonable work or accommodation allocated to them;
e. without consulting the competent office, terminates an employment contract or lease or is responsible for its termination and thereby exacerbates their situation; f.
uses social assistance benefits improperly; g. fails to comply with the instructions of the competent office despite the threat of the withdrawal of social assistance benefits.
h.191 endangers public security or order; i.192 has been prosecuted or convicted of a crime; j.193 seriously and culpably fails to cooperate, in particular by refusing to disclose their identity;
k.194 fails to comply with the instructions from staff responsible for the proceedings or from the accommodation facilities, thereby endangering order and security.
1bis
Paragraph 1 only applies to refugees subject to the guarantee that they are treated the same way as the local population.195 189 Expression in accordance with No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845). This amendment has been made throughout the text.
190 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
191 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
192 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
193 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
194 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
195 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
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2
Social benefits unlawfully received must be paid back in full. The amount due for repayment may in particular be deducted from future social assistance benefits. The canton shall implement the claim for repayment. Article 85 paragraph 3 applies.196
a197 Requirements for the payment of emergency aid The person concerned must cooperate in the enforcement of a legally binding removal order that is lawful, reasonable and feasible as well as in the determination of whether the requirements for emergency aid are fulfilled.
Art. 84
198 Child allowances
Child allowances for asylum seekers' children living abroad shall be withheld during asylum procedures. They shall be paid when the asylum seeker is recognised as a refugee or temporarily admitted in accordance with Article 83 paragraphs 3 and 4 of the FNIA199.
Section 2200 Duty to Reimburse and Special Charge on Assets
Art. 85
Duty to reimburse
1
As far as it is reasonable, social assistance, emergency aid, departure and enforcement costs as well as the costs of the appeal procedure must be reimbursed.
2
The Confederation shall enforce the claim for reimbursement by means of a special charge on assets (Art. 86).
3
The Confederation's right to reimbursement prescribes one year after the competent authority has been informed, but in any case 10 years after the right is created.
No interest is charged on reimbursement claims.
4
The canton's right to reimbursement is governed by cantonal law.
Art. 86
201
Asylum seekers, persons in need of protection without a residence permit and persons subject to a legally binding removal order who have assets at their disposal are liable to pay the special charge. The special charge serves to cover the overall 196 Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
197 Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
198 Amended by No IV 1 of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
199 SR
142.20
200 Amended by Annex No 1 of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2018 (AS 2017 6521; BBl 2016 2821, 2013 2397).
201 See also the transitional provision to the Amendment of 16 Dec. 2016 at the end of this text.
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costs in accordance with Article 85 paragraph 1 generated by all these persons and their dependents.
2
The special charge is levied by confiscating assets.
3
The competent authorities may only levy the special charge if the persons concerned:
a. are unable to prove that the assets derive from earned income or compensation for loss of earned income or from public social assistance benefits;
b. are unable to prove the origin of the assets; or c. are able prove the origin of the assets, but these exceed the amount determined by the Federal Council.
4
The obligation to pay the special charge continues to apply for a maximum of ten years after filing the application for asylum or the application for temporary protection.
3
The Federal Council shall determine the amount of the special charge and duration of the obligation to pay.
Art. 87
202
Asylum seekers, persons in need of protection who do not have a residence permit and persons subject to a legally binding removal order must disclose any assets that they have that do not derive from earned income.
2
Confiscated assets shall be reimbursed in full on request if the person concerned leaves the country under supervision within seven months of filing the application for asylum or the application for temporary protection. The request for reimbursement must be made before departure.
Chapter 6 Federal Subsidies
Art. 88
203
The Confederation shall compensate the cantons for the costs of implementing this Act by means of flat-rate payments. The cantons do not receive the subsidies in accordance with Articles 91-93.
2
The flat-rate payments made in respect of persons seeking asylum and in need of protection without a residence permit shall cover, in particular, the costs of social assistance and of mandatory health insurance and also contain a contribution towards the supervision costs.
202 See also the transitional provision to the Amendment of 16 Dec. 2016 at the end of this text.
203 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
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3
The flat-rate payments made in respect of refugees and persons in need of protection with a residence permit and refugees subject to a legally enforceable expulsion order in accordance with Article 66a or 66abis SCC204 or Article 49a or 49abis MCC205 shall cover, in particular, the costs of social assistance and also contain a contribution towards the supervision and administrative costs. They shall be made for a maximum of five years from the date of submission of the asylum application.206 4
Payments made in respect of persons who are only entitled to emergency aid under Article 82 are compensation for granting emergency aid.207 5 …208
Art. 89
209
The Federal Council shall determine the level of the flat-rate payments based on the probable expenditures on cost-effective solutions.
2
It shall determine the structure and the duration of the flat-rate payments as well as the necessary requirements. It may in particular: a. determine the flat-rate payments on the basis of residence status and the duration of residence;
b. adjust the flat-rate payments to take account of the cost differences between the cantons.
3
The SEM may make the disbursement of individual components of the flat-rate payments subject to the achievement of socio-political goals.
4
The flat-rate payments shall be periodically adjusted in line with inflation and reviewed if necessary.
a210 Duty to cooperate for recipients of subsidies 1
The SEM may require the cantons to collect the data required for financial supervision, determining and adjusting the financial compensatory payments from the Confederation under Articles 88 and 91 paragraph 2bis of this Act and 55 and 87 of the FNIA211 and to make it available to the SEM or record it in the SEM's Central Migration Information System (ZEMIS).
204 SR
311.0
205 SR
321.0
206 Amended by Annex No 2 of the FA of 20 March 2015 (Implementation of Art. 121 para.
3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
207 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
208 Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
209 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
210 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
211 SR
142.20
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2
If a canton fails to comply with this requirement, the SEM may reduce the financial compensatory payments made to this canton or determine the payments due on the basis of the data available.
b212 Claiming back and declining to make flat-rate compensatory payments 1
The Confederation may claim back flat-rate compensatory payments already made under Article 88 of this Act and under Articles 55 and 87 FNIA213 if a canton fails to carry out the enforcement tasks in accordance with Article 46 of this Act or carries out such tasks inadequately without excuse.
2
If the non-fulfilment or inadequate fulfilment of enforcement tasks in accordance with Article 46 leads to the person concerned staying longer in Switzerland, the Confederation may decline to make flat-rate compensatory payments under Article 88 of this Act and under Articles 55 and 87 FNIA in respect of the related costs incurred by the canton.
Art. 90
Funding of collective accommodation 1
The Confederation may finance, in full or in part, the construction, conversion and furnishing of collective accommodation in which the authorities place persons residing in Switzerland on the basis of this Act.
2
The Federal Council shall regulate the procedure, determine the details on ownership and ensure the accommodation is used for its intended purpose.
3 It shall determine the extent to which the amount spent on direct funding by the Confederation on accommodation is charged against the flat-rate payment.
Art. 91
Further subsidies
1
and 2…214
2bis
The Confederation shall pay the cantons a flat-rate subsidy towards the administrative costs incurred in respect of persons seeking asylum and persons in need of protection without a residence permit.215 2ter
The Confederation may pay cantons in which a reception and processing centre or a special centre under Article 26 paragraph 1bis is located a flat-rate subsidy towards the security costs.216 212 Inserted by No I of the FA of 25 Sept. 2015, in force since 1 Oct. 2016 (AS 2016 3101; BBl 2014 7991).
213 SR
142.20
214 Repealed by No I of the FA of 16 Dec. 2005, with effect from 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
215 Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
216 Inserted by No I of the FA of 28 Sept 2012 (Emergency Amendments to the Asylum Act), in force from 29 Sept. 2012 to 28 Sept. 2015 (AS 2012 5359; BBl 2010 4455, 2011 7325) and extended to 28 Sept. 2019 by No II of the FA of 26 Sept. 2014 (AS 2015 2047; BBl 2014 2087).
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3
It may pay subsidies to facilities for traumatised persons residing in Switzerland on the basis of this Act.
4
…217
4bis
It may pay subsidies for the conduct of employment programmes for persons accommodated in federal reception and processing centres or in special centres under Article 26 paragraph 1bis. For this purpose it shall enter into public service agreements with the cantons, communes or responsible third parties at the relevant locations.218 5 …219
6
The Confederation shall reimburse the cantons for staff costs which arise in connection with the preparation of decisions in accordance with Article 31.
7
It may in terms of the international cooperation in accordance with Article 113 provide subsidies to the bodies funding internationally oriented projects or to internationally active organisations.
8
The Federal Council shall regulate the requirements and the payment and the accounting procedures for the contributions.
Art. 92
Entry and departure costs 1
The Confederation may bear the costs for the entry and departure of refugees and persons in need of protection.
2
If the persons concerned are destitute, it shall bear the costs for the departure of asylum seekers, of persons whose application for asylum was rejected, whose application for asylum was dismissed or who withdrew their application for asylum, and of persons who were removed following the revocation of temporary protection.220 3 It may make provide subsidies towards expenditure incurred by the cantons that is directly connected with the organisation of departure.
3bis
In the context of applying the Dublin Association Agreements221, it may provide subsidies towards expenditure incurred by the cantons that is directly connected with the transfer of persons to Switzerland.222 217 Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Jan. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
218 Inserted by No I of the FA of 28 Sept 2012 (Emergency Amendments to the Asylum Act), in force from 29 Sept. 2012 to 28 Sept. 2015 (AS 2012 5359; BBl 2010 4455, 2011 7325) and extended to 28 Sept. 2019 by No II of the FA of 26 Sept. 2014 (AS 2015 2047; BBl 2014 2087).
219 Repealed by No I of the FA of 16 Dec. 2005, with effect from 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
220 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
221 These agreements are listed in Annex 1.
222 Inserted by Annex No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).
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4
The Federal Council shall regulate the requirements and the payment and accounting procedure for the contributions. If possible it shall determine flat-rate payments.
Art. 93
223
The Confederation shall provide return assistance. For this purpose, it may provide for the following measures: a. the full or partial funding of return counselling services; b. the full or partial funding of projects in Switzerland to preserve the ability of those concerned to return; c. the full or partial funding of programmes in the native country, country of origin or a third country to facilitate and arrange the return, repatriation and reintegration (programmes abroad); d. the granting of financial support in individual cases to facilitate the reintegration of returnees or provide them with temporary medical care in their native country, country of origin or third country.
2
Programmes abroad may also pursue the goal of contributing to the prevention of irregular migration. Irregular migration prevention programmes are those that contribute in the short term to limiting the risk of primary or secondary migration to Switzerland.
3
For the purpose of implementing return assistance, the Confederation may work with international organisations and set up a coordination office.
4
The Federal Council shall regulate the requirements and the payment and the accounting procedure for the subsidies.
Art. 94
Contributions to charitable organisations 1
The Confederation may make contributions to the administrative costs of an umbrella organisation for the approved charitable organisations.
2
The approved charitable organisations shall be compensated by means of a flat rate payment for their participation in the hearings in accordance with Article 30.
3
The Federal Council shall determine the level of the contributions in accordance with paragraph 1 and the flat-rate payment in accordance with paragraph 2.
Art. 95
224 Supervision 1 The Confederation shall verify that federal subsidies are used in accordance with the legislation on subsidies, that they are effective and that accounts on federal subsidies are properly maintained. It may also delegate this task to a third party and call in the cantonal audit offices for support.
223 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
224 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
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2
Any person who receives federal subsidies is obliged to disclose the details of their organisation as well as the data and key figures in relation to income and expenditure in the field of asylum.
3
The Federal Audit Office, the SEM and the cantonal audit offices shall monitor financial activities in accordance with their regulations. They shall determine the suitable course of action, coordinate their activities and keep each other informed about their findings.
Chapter 6a225 Planning Approval for Federal Buildings and Installations Section 1 General Provisions
a Principle 1 Buildings and installations used by the Confederation to accommodate asylum seekers or for conducting asylum procedures require planning approval from the FDJP (approval authority) if they: a. are to be newly constructed; b. are altered or assigned a new form of use.
2
Planning approval covers all forms of authorisation required under federal law.
3
Cantonal authorisations and plans are not required. The cantonal law must be taken into consideration during the planning approval procedure and the weighing up of interests. 4 In principle, planning approval for projects that will have a considerable effect on space and the environment requires a sectoral plan in accordance with the Federal Act of 22 June 1979226 on Spatial Planning.
b Compulsory purchase rights and applicable law 1
The acquisition of real estate for buildings and installations to accommodate asylum seekers or to conduct asylum procedures and the establishment of rights in rem to such real estate is the responsibility of the FDJP. It is entitled to make compulsory purchases if necessary.
2
The planning approval procedure is governed by this Act and at a subsidiary level by the Federal Act of 20 June 1930227 on Compulsory Purchase (ComPurA).
225 Inserted by No I of the FA of 25 Sept. 2015, in force since 1 Jan. 2018 (AS 2016 3101, 2017 6171; BBl 2014 7991).
226 SR
700
227 SR
711
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Section 2 Planning Approval Procedures
c Initiating the ordinary planning approval procedure The planning approval application must be submitted with required documentation to the approval authority. The authority shall check the documentation to make sure that it is complete and request any further documents that are needed.
d Marking 1 Before the application is made available for public inspection, the applicant must indicate the alterations that the planned buildings and installations will make to the site by marking them out; in the case of structures above-ground, the applicant must erect profiles.
2
Objections to the marking of alterations or the erection of profiles must be made to the approval authority immediately, and in any case before expiry of the period when the application is made available for public inspection.
e Consultation, publication and making the application available for inspection 1
The approval authority shall forward the application to the cantons and communes concerned for their opinions. The entire consultation procedure shall last three months. In justified cases, this period may be extended by way of exception.
2
The application must be published in the official organs of publicity for the cantons and communes concerned and in the Federal Gazette and must be made available for public inspection for a period of 30 days. 3 A ban on compulsory purchase in accordance with Articles 42-44 ComPurA228 applies while the application is available for public inspection.
f Personal notification
At the latest by the date on which the application is made available for public inspection, the applicant must send persons entitled to compensation under Article 31 ComPurA229 personal notification of the rights to be expropriated.
g Objection 1 Any person who is a party in accordance with the APA230 or the ComPurA231 may file an objection during the period when the application is available for public inspection. Unless such a person files an objection, he or she is excluded from the remainder of the procedure.
228 SR
711
229 SR
711
230 SR
172.021
231 SR
711
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2
All objections under the law on compulsory purchase and claims for compensation or compensation-in-kind must be filed within the period when the application is available for public inspection. Subsequent objections and claims under Articles 3941 ComPurA must be filed with the approval authority.
3
The communes concerned may safeguard their interests by filing an objection.
h Elimination of differences in the Federal Administration The procedure for eliminating differences in the Federal Administration is governed by Article 62b of the Government and Administration Organisation Act of 21 March 1997232.
i Term of validity
1
The approval authority shall decide on the objections under the law on compulsory purchase at the same time as deciding on planning approval.
2
Planning approval expires if the construction project has not begun five years after approval becomes legally binding.
3
The approval authority may extend the period of validity of the planning approval for good cause by a maximum of three years. No extension is permitted if the relevant factual and legal circumstances have substantially changed since legally binding planning approval was granted.
j Simplified planning approval procedure 1
A simplified planning approval procedure is applied in the case of: a. small-scale local projects that affect only a few easily identifiable persons; b. alterations or changes of use that do not substantially change the external appearance of the buildings or installations concerned, do not affect the legitimate interests of third parties, and have a negligible effect on space or the environment; c. buildings and installations that will be removed after three years at the latest.
2
Detailed plans based on a project that has already been approved shall be approved under the simplified procedure.
3
The approval authority may order the marking of the project. The application is not published and not made available for public inspection. The approval authority shall send the plans to the persons concerned unless they have already given their consent in writing; they have 30 days to object. The approval authority may consult the cantons and communes. It shall allow an appropriate period for doing so.
4
The simplified procedure is otherwise governed by the provisions for the ordinary procedure. In the event of any doubt, the ordinary procedure shall be carried out.
232 SR
172.010
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Section 3 Valuation Procedure; Early Possession
k 1 After conclusion of the planning approval procedure, a valuation procedure shall be conducted by the Federal Compulsory Purchase Commission pursuant to the ComPurA233. Only submitted claims are considered.
2
The approval authority shall send the approved plans, the compulsory purchase plan, the land acquisition table and the submitted claims to the president of the Federal Compulsory Purchase Commission.
3
The president of the Federal Compulsory Purchase Commission may authorise early possession of the property on the basis of an enforceable planning approval decision and if it is presumed that the purchaser would suffer significant prejudice if not granted early possession. The position is otherwise governed by Article 76 ComPurA.
Section 4 Legal Remedies
l 1 Legal remedies are governed by the general provisions on the administration of federal justice.
2
The cantons and communes concerned also have a right of objection.
Chapter 7
Processing of Personal Data Section 1
Principles234
Art. 96
235
Provided they require the data for the fulfilment of their legal duties, the SEM, the appeal authorities and private organisations entrusted with duties under this Act may process or have processed the personal data of persons seeking asylum or in need of protection and their dependants, and in particular sensitive data or personality profiles as defined in Article 3 letters c and d of the Federal Act of 19 June 1992236 on Data Protection (FADP).
233 SR
711
234 Inserted by Art. 3 No 2 of the FD of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with
Schengen and Dublin, in force since 12 Dec. 2008 (AS 2008 447 5405 Art. 1 let. a; BBl 2004 5965).
235 Amended by Art. 3 No 2 of the FD of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with
Schengen and Dublin, in force since 12 Dec. 2008 (AS 2008 447 5405 Art. 1 let. a; BBl 2004 5965).
236 SR
235.1
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2
Data required to combat illegal employment may be disclosed by the authorities under paragraph 1 in accordance with Articles 11 and 12 of the Federal Act of 17 June 2005237 on Measures to Combat Illegal Employment.238
Art. 97
Disclosure of personal data to the native country or country of origin 1
Personal data of asylum seekers, recognised refugees and persons in need of protection may not be disclosed to their native country or country of origin if the person concerned or their dependants would be endangered as a result. No information may be disclosed regarding an application for asylum.239 2
The authority responsible for the organising departure may contact the native country or the country of origin to acquire the travel documents required for the enforcement of the removal order if the refugee status has been refused in the first instance.240 3 For the enforcement of removal to the native country or the country of origin, the authorities responsible for organising departure may disclose the following data to the foreign authority: a. personal details (name, first name, aliases, date of birth, place of birth, gender, nationality, last address in the native country or the country of origin) of the person concerned and, as far as necessary for their identification, of dependants;
b. information about the passport or other identity papers; c. fingerprints, photographs and further biometric data if necessary; d. further data from documents that help identify a person; e. information on the state of health, insofar as this is in the interest of the person concerned;
f. the data required to guarantee the returnee's entry to the destination country and to ensure the security of the accompanying persons; g. information on criminal proceedings in the specific cases where this is required for the readmission procedure and to safeguard public security and order in the native country, and the person concerned will not be endangered thereby; Article 2 of the Mutual Assistance Act of 20 March 1981241 applies mutatis mutandis.242
237 SR
822.41
238 Inserted by Annex No 2 of the FA of 17 June 2005 on Measures to Combat Illegal Employment, in force since 1. Jan. 2008 (AS 2007 359; BBl 2002 3605).
239 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2007 (AS 2006 4745 4767; BBl 2002 6845).
240 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2007 (AS 2006 4745 4767; BBl 2002 6845).
241 SR
351.1
242 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
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Art. 98
Disclosure of personal data to third countries and international organisations 1
In order to the implement this Act, the SEM and the appeal authorities may disclose personal data to foreign authorities and international organisations entrusted with corresponding tasks if the state or the international organisation concerned guarantees an equivalent level of protection of the data transmitted.
2
The following personal data may be disclosed: a. personal details (name, first name, alias names, date of birth, place of birth, gender, nationality, last address in the native country or the country of origin) of the person concerned and, as far as necessary for their identification, of dependants; b. information about the passport or other identity papers; c. fingerprints, photographs and further biometric data if necessary; d. further data from documents that help identify a person; e. information on the state of health, insofar as this is in the interest of the person concerned;
f. the data required to guarantee the returnee's entry to the destination country and to ensure the security of the accompanying persons; g. information on the place of stay and travel routes; h. information on permission to stay and visas granted; i.
information on an application for asylum (place and date the filing, status of the procedure, summary details of the content of a decision made).243
a244 Cooperation with the prosecution authorities The SEM or the Federal Administrative Court shall transmit to the responsible prosecution authorities information and evidence on asylum seekers where there are serious grounds for suspicion that they have committed a felony under international law, in particular a felony against peace, a war crime, a crime against humanity, genocide or torture.
b245 Biometric data
1
The competent authorities may process biometric data for the purpose of establishing the identity of asylum seekers and persons in need of protection.
243 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
244 Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
245 Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
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1bis
The SEM may delegate the processing of biometric data to third parties. It shall verify the compliance by the third parties with the regulations on data protection and information security.246 2 The Federal Council shall determine what biometric data is collected and regulate access to the data.
Art. 99
Taking and evaluating fingerprints 1
Fingerprints of all fingers as well as photographs shall be taken of asylum seekers and persons in need of protection. The Federal Council may provide for exceptions in the case of minors under the age of 14.247 2 The fingerprints and photographs shall be stored without the corresponding personal details in database managed by the Federal Office of Police and the SEM.248 3
The new fingerprints shall be compared with the fingerprint database managed by the Federal Office of Police.249 4 If the Federal Office of Police determines a match with existing fingerprints, it shall inform the SEM, the cantonal police authorities concerned and the Frontier Guards Corps and provide them with the personal details of the person concerned (name, first name, aliases, date of birth, sex, reference number, personal number, nationality, process control number and canton of allocation). Where there is a police report, the date, place and reason for taking the fingerprints contained therein shall also be provided in code form.250 5 The SEM shall use this information to: a. check the identity the person concerned; b. check whether the person concerned has already applied for asylum before; c. check whether there is data that confirms or refutes the statements made by the person concerned; d. check whether there is data that call into question the eligibility of the person concerned to be granted asylum; e. facilitate administrative assistance between the SEM and the police authorities.
246 Inserted by Annex No 1 of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
247 Amended by Art. 3 No 2 of the FD of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with
Schengen and Dublin, in force since 12 Dec. 2008 (AS 2008 447 5405 Art. 1 let. a; BBl 2004 5965).
248 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
249 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
250 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
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6
The personal data transmitted in accordance with paragraph 4 may not be disclosed abroad without the consent of the owner of the data collection. Article 6 paragraph 1 of the FADP251 applies mutatis mutandis.
7
The data shall be erased: a. if asylum is granted; b. at the latest ten years after the legally binding rejection, withdrawal or abandonment of the application for asylum or after a decision to dismiss the application;
c.252 in the case of persons in need of protection, at the latest ten years after the lifting of the temporary protection.
Section 1a253 Information System for Reception and Procedure Centres and Airport Accommodation
a Principles 1 The SEM shall operate an information system for reception and procedure centres and airport accommodation (MIDES).
2
MIDES serves as an aid in: a. the processing of personal data relating to asylum seekers and persons in need of protection, including sensitive personal data and personality profiles in accordance with Article 3 letters c and d of the FADP254; and b. audits, the conduct of asylum procedures and the planning and organisation of accommodation.
3
MIDES contains the following personal data: a. data on the identity of the registered persons, and in particular their surname, name, sex, date and place of birth, nationality, ethnic origin, religion, marital status, address and parents' names; b. minutes of the summary interviews conducted at the reception and procedure centres and at the airports in accordance with Articles 22 paragraph 1 and 26 paragraph 2; c. biometric
data;
d. details of the accommodation; 251 SR
235.1
252 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
253 Inserted by the Annex to the FA of 18 June 2010 (Automated Border Controls, Documentation Advisers, MIDES Information System), in force since 1 Jan. 2011 (AS 2010 5755;
BBl 2009 8881).
254 SR
235.1
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e. the status of the proceedings.
4
The personal data in accordance with paragraph 3 letters a and e shall be entered in ZEMIS.
5
The asylum seekers and persons in need of protection must in particular be informed of the reasons for processing the data and the categories of data recipient.
b Data processing in MIDES The following persons have access to MIDES provided such access is required in order to fulfil their duties: a. employees of the SEM; b. authorities in accordance with Article 22 paragraph 1; c. authorised third parties in accordance with Article 99c.
c Authorised third parties 1
The SEM may authorise third parties who are responsible for procuring biometric data, ensuring security or for administration and care in reception and procedure centres and airport accommodation to process personal data in accordance with Article 99a paragraph 3 letters a, c and d in MIDES.
2
The SEM shall ensure that authorised third parties comply with the applicable regulations on data protection and information technology security.
d Supervision and implementation 1
The SEM is responsible for the security of MIDES and the legality of the processing of personal data.
2
The Federal Council shall regulate: a. the organisation and operation of MIDES; b. the catalogue of personal data to be processed; c. rights of access; d. technical and organisational protective measures against unauthorised processing;
e. the length of time that data may be stored; f.
the archiving and destruction of data on expiry of the storage period.
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Section 1b Other Information
Systems255
Art. 100
256
The appeal authorities shall maintain an information system to record appeals that have been filed, for the conduct of audits and to compile statistics.
2
These information systems may contain personal data and personality profiles especially worthy of protection if this is necessary for the fulfilment of the statutory task.
2bis
Incorrect data must by corrected by the authorities. If the incorrect data is attributed to a person's violation of the duty to cooperate, this person may be billed for the costs for the correction.258
Art. 101
259
Art. 102
Information and documentation system 1
The SEM shall manage an automated information and documentation system in cooperation with the Federal Administrative Court. The system shall contain factual information and documentation from the sphere of responsibilities of the SEM and the Federal Administrative Court stored in various databases. If required, personal data contained in the texts may also be stored, in particular personal details, as well as particularly sensitive personal data and personality profiles.260 2 Only employees of the SEM and the Federal Administrative Court shall have access to databases containing particularly sensitive personal data and personality profiles.261 3 Databases containing predominantly factual information drawn from public sources may be made accessible to external users on request by means of a retrieval procedure.
4
The Federal Council shall regulate the details, and in particular access to the system and the protection of the personal data collected therein.
255 Inserted by the Annex to the FA of 18 June 2010 (Automated Border Controls, Documentation Advisers, MIDES Information System), in force since 1 Jan. 2011 (AS 2010 5755;
BBl 2009 8881).
256 Amended by Art. 18 No 2 of the FA of 20 June 2003 on the Information System on Asylum and Foreign Nationals, in force since 29 May 2006 (AS 2006 1931; BBl 2002 4693).
257 Amended by the Annex to the FA of 18 June 2010 (Automated Border Controls, Documentation Advisers, MIDES Information System), in force since 1 Jan. 2011
(AS 2010 5755; BBl 2009 8881).
258 Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
259 Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
260 Amended by No 4 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
261 Amended by No 4 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
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a262 Statistics on recipients of social assistance For the taxation of the financial compensatory payments to the cantons, the Federal
Statistical Office shall periodically transmit anonymised and aggregated data on the persons seeking asylum who draw benefits from public social assistance to the SEM.
Section 2263 Data Processing under the Dublin Association Agreements
abis Eurodac 1 Within the framework of the application of the Dublin Association Agreements 264 the SEM is responsible for dealings with the Central Unit of the Eurodac System.
2
It shall transmit the following data to the Central Unit: a. the place and date of the application in Switzerland; b. the sex of the applicant; c. the fingerprints taken in accordance with Article 99 paragraph 1; d. the Swiss code number for the fingerprints; e. the date on which the fingerprints were taken; f. the date on which the data was transmitted to the Central Unit.
g. the user password.265 2bis
If the condition of the fingers of the person concerned do not allow fingerprints to be taken, the fingerprints must be transmitted to the Central Unit within 48 hours of fingerprints of acceptable quality being taken. If it is impossible to take fingerprints due to the state of health of the person concerned or due to public health measures, the fingerprints must be transmitted to the Central Unit within 48 hours of the impediment ceasing to apply.266 262 Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
263 Inserted by Art. 3 No 2 of the FD of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with
Schengen and Dublin, in force since 12 Dec. 2008 (AS 2008 447 5405 Art. 1 let. a; BBl 2004 5965).
264 These conventions are listed in Annex 1.
265 Amended by Annex No 2 of the FD of 26 Sept. 2014 (Adoption of R [EU] No 603/2013 on the Establishment of Eurodac and the amendment to R [EU] No 1077/2011 on the Establishment of the IT Agency), in force since 20 July 2015 (AS 2015 2323;
BBl 2014 2675).
266 Inserted by Annex No 2 of the FD of 26 Sept. 2014 (Adoption of R [EU] No 603/2013 on the Establishment of Eurodac and the amendment to R [EU] No 1077/2011 on the Establishment of the IT Agency), in force since 20 July 2015 (AS 2015 2323; BBl 2014 2675).
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2ter
If the transmission of data is prevented by serious technical problems, an additional period of 48 hours shall be allowed in order to take the measures required to ensure that the system operates correctly again.267 2quater
The SEM shall also transmit the following data to the Central Unit: a. on the admission of a person under Regulation (EU) No 604/2013268: the time of arrival in Switzerland; b. on the readmission of a person under Regulation (EU) No 604/2013: the time of arrival in Switzerland; c. on proof that an applicant whose application must be processed by Switzerland under Regulation (EU) No 604/2013 has left the territory of the states bound by any one of the Dublin Association Agreements: the time of departure;
d. on successful enforcement of a removal order, the time of the deportation or departure of the applicant from the territory of the states bound by any one of the Dublin Association Agreements; e. if Switzerland, based on the sovereignty clause in Regulation (EU) No 604/2013, decides voluntarily to become the Dublin state responsible for processing an asylum application: the time of this decision.269 3 The transmitted data shall be stored in the Eurodac database and automatically compared with the data already stored in this database. The result of the comparison shall be communicated to the SEM.270 4 The data shall be automatically erased by the Central Unit ten years after the fingerprints were taken. If a person whose data has been transmitted by Switzerland to the Eurodac database is granted citizenship of a state bound by one of the Dublin Association Agreements before the expiry of this period, the SEM, as soon as it has been notified of this fact, shall request the Central Unit to erase the data immediately.
267 Inserted by Annex No 2 of the FD of 26 Sept. 2014 (Adoption of R [EU] No 603/2013 on the Establishment of Eurodac and the amendment to R [EU] No 1077/2011 on the Establishment of the IT Agency), in force since 20 July 2015 (AS 2015 2323; BBl 2014 2675).
268 Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Mem-
ber States by a third-country national or a stateless person (new version), Amended by OJ L 180 of 29.6.2013, p. 31.
269 Inserted by Annex No 2 of the FD of 26 Sept. 2014 (Adoption of R [EU] No 603/2013 on the Establishment of Eurodac and the amendment to R [EU] No 1077/2011 on the Establishment of the IT Agency), in force since 20 July 2015 (AS 2015 2323; BBl 2014 2675).
270 Amended by Annex No 2 of the FD of 26 Sept. 2014 (Adoption of R [EU] No 603/2013 on the Establishment of Eurodac and the amendment to R [EU] No 1077/2011 on the Establishment of the IT Agency), in force since 20 July 2015 (AS 2015 2323;
BBl 2014 2675).
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ater 271 Examination of the fingerprints in Eurodac 1 A specialist shall examine the fingerprints if Eurodac reveals a match.
2
The SEM decides on the qualifications that the fingerprint specialist must have.
b Disclosure of personal data to a state bound by one of the Dublin Association Agreements The disclosure of personal data to the competent authorities of states that are bound by one of the Dublin Association Agreements shall be regarded as equivalent to the disclosure of personal data between federal bodies.
Art. 102c Disclosure of personal data to a state not bound by any of the Dublin Association Agreements 1
Personal data may be disclosed to third countries only if they guarantee an adequate standard of data protection.
2 If a third country fails to guarantee an adequate standard of data protection, personal data may disclosed to this country in individual cases if: a. the person concerned gives their unequivocal consent; if the personal data or personality profiles are particularly sensitive, consent must be given expressly; b. the disclosure is required to protect the life or physical integrity of the person concerned; or
c. the disclosure is required to safeguard overriding public interests or to establish, exercise or enforce legal rights in court.
3 In addition to the cases mentioned in paragraph 2, personal data may also be disclosed if in specific cases adequate guarantees ensure appropriate protection of the person concerned.
4 The Federal Council shall determine the extent of the guarantees required and the modalities for providing the guarantees.
5
The data obtained from the Eurodac database may not be transmitted under any circumstances to:
a. a state that is not bound by any of the Dublin association agreements; b. international organisations;
c. private
entities.272
271 Inserted by Annex No 2 of the FD of 26 Sept. 2014 (Adoption of R [EU] No 603/2013 on the Establishment of Eurodac and the amendment to R [EU] No 1077/2011 on the Establishment of the IT Agency), in force since 20 July 2015 (AS 2015 2323; BBl 2014 2675).
272 Inserted by Annex No 2 of the FD of 26 Sept. 2014 (Adoption of R [EU] No 603/2013 on the Establishment of Eurodac and the amendment to R [EU] No 1077/2011 on the Establishment of the IT Agency), in force since 20 July 2015 (AS 2015 2323; BBl 2014 2675).
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d273
e Right to information
The right to information is governed by the federal and cantonal data protection provisions.274 The proprietor of the data collection shall also furnish information on the details available on the origin of the data.
f and
g275 Chapter 8
Legal Protection, Re-examination and Multiple Applications276 Section 1 Appeal Proceedings at Cantonal Level
Art. 103
1 The cantons shall provide at least one appellate authority where appeals may be filed against rulings of cantonal authorities based on this Act and its implementing provisions.
2
Appeals against decisions by cantonal courts of the last instance are governed by the general provisions on the administration of federal justice, unless otherwise provided in this Act.
273 Repealed by No 2 of the FA of 19 March 2010 on the Implementation of Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, with effect from 1 Dec. 2010 (AS 2010 3387 3418; BBl 2009 6749).
274 Amended by No 2 of the FA of 19 March 2010 on the Implementation of Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 Dec. 2010 (AS 2010 3387 3418; BBl 2009 6749).
275 Repealed by No 2 of the FA of 19 March 2010 on the Implementation of Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, with effect from 1 Dec. 2010 (AS 2010 3387 3418; BBl 2009 6749).
276 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
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Section 2
Appeal Proceedings at Federal Level
Art. 104
277
Art. 105
278
Appeals against SEM rulings Appeals may be filed against SEM rulings in accordance with the Federal Administrative Court Act of 17 June 2005279.
Art. 106
280
1
An appeal may be filed on the following grounds: a. the violation of federal law, including the abuse and exceeding of discretionary powers;
b. incorrect and incomplete determination of the legally relevant circumstances;
c.281 …
2
Article 27 paragraph 3 and Article 68 paragraph 2 remain reserved.
Art. 107
Contestable interim rulings 1
Interim rulings issued in application of Article 10 paragraphs 1-3 and 18-48 of this Act as well as Article 71 FNIA282 may only be contested by appeal against the final ruling. The contesting of rulings remains reserved in accordance with Article 27 paragraph 3.283 2 The following are also independently contestable, provided they may cause permanent prejudice:
a. precautionary
measures;
b. rulings by which proceedings are suspended, other than rulings in accordance with Article 69 paragraph 3.
277 Repealed by Annex No 4 of the Administrative Court Act of 17 June 2005, with effect from 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
278 Amended by No I 3 to No IV of the Ordinance of the Federal Assembly of 20 Dec. 2006 on the Adaptation of Enactments to the Provisions of the Supreme Court Act and the Administrative Court Act, in force since 1 Jan. 2008 (AS 2006 5599, 2007 5573;
BBl 2006 7759).
279 SR
173.32
280 Amended by No I 2 of the Ordinance of the Federal Assembly of 20 Dec. 2006 on the Adaptation of Enactments to the Provisions of the Supreme Court Act and the Administrative Court Act (AS 2006 5599; BBl 2006 7759).
281 Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
282 SR
142.20
283 Amended by Annex No II 1 of the FA of 16 Dec. 2005 on Foreign Nationals, in force since 1 Jan. 2008 2008 (AS 2007 5437, 2008 5405; BBl 2002 3709).
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3
…284
a285 Dublin procedure
1 No suspensive effect may be applied to appeals against decisions to dismiss applications made by asylum seekers who are able to travel to another state that is responsible under an international treaty for the conduct of asylum or removal proceedings. 2 The asylum seeker may apply for the order to be suspended within the deadline for filing the appeal. 3 The Federal Administrative Court shall decide on the matter within five days of receipt of an application under paragraph 2. If suspension is not granted within five days, the removal order may be enforced
Art. 108
286
An appeal must be filed within 30 days, and an appeal against interim rulings within ten days of notification of the ruling.
2
For appeals against decisions to dismiss an application and decisions in accordance with Article 23 paragraph 1 and Article 40 in conjunction with Article 6a paragraph 2 letter a, the period is five working days.287 3 Denial of entry in accordance with Article 22 paragraph 2 may be contested until notification of the ruling in accordance with Article 23 paragraph 1.
4
A review of the legality and the appropriateness of the allocation of a place of stay at the airport or at another appropriate place in accordance with Article 22 paragraphs 3 and 4 and of detention in accordance with Article 76 paragraph 1 letter b number 5 or Article 76a FNIA288 may be requested by means of appeal at any time.289 284 Repealed by No I of the FA of 16 Dec. 2005, with effect from 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
285 Inserted by Art. 3 No 2 of the FD of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with
Schengen and Dublin (AS 2008 447; BBl 2004 5965). Amended by Annex No I 2 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for in-
ternational protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).
286 Amended by No I and IV 1 of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
287 Amended by No I of the FA of 28 Sept 2012 (Emergency Amendments to the Asylum Act), in force from 29 Sept. 2012 to 28 Sept. 2015 (AS 2012 5359; BBl 2010 4455, 2011 7325) and extended to 28 Sept. 2019 by No II of the FA of 26 Sept. 2014 (AS 2015 2047; BBl 2014 2087).
288 SR
142.20
289 Amended by Annex No I 2 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).
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5
Written legal submissions made by fax are legally binding if they reach the Federal Administrative Court within the notice period and are supplemented by filing the signed original subsequently in accordance with Article 52 paragraphs 2 and 3 of the Federal Act of 20 December 1968290 on Administrative Procedure.291
a292 Coordination with the extradition proceedings If the person seeking asylum is the subject of an application for extradition in accordance with the Mutual Assistance Act of 20 March 1981293, the appeal authorities shall consult the files on the extradition proceedings when deciding on appeal relating to the asylum application.
Art. 109
294
The Federal Administrative Court normally decides within five working days on appeals against decisions to dismiss applications and rulings under Article 23 paragraph 1 and Article 40 in conjunction with Article 6a paragraph 2 letter a.295 2 …296
3
The Federal Administrative Court normally decides on appeals against decisions in accordance with Article 22 paragraphs 2-4 and Article 76 paragraph 1 letter b number 5 FNIA297 without delay on the basis of the files.
4
In other cases, the Federal Administrative Court shall normally decide on appeals within 20 days.298 5
The Federal Administrative Court shall decide with particular expeditiousness if the person seeking asylum is in detention pending extradition or has been made 290 SR
172.021
291 Amended by No I 3 of the Ordinance of the Federal Assembly of 20 Dec. 2006 on the Amendment of Legislation in accordance with the Provisions on the Federal Supreme Court Act and the Federal Administrative Court Act, in force since 1 Jan. 2008 (AS 2006 5599, 2007 5573; BBl 2006 7759).
292 Inserted by No I 2 of the FA of 19 Dec. 2003 on the 2003 Relief Programme (AS 2004 1633; BBl 2003 5615). Amended by No I 1 of the FA of 1 Oct. 2010 on the Coordination of Asylum and Extradition Proceedings, in force since 1 Apr. 2011 (AS 2011 925; BBl 2010 1467).
293 SR
351.1
294 Amended by No I 3 of the Ordinance of the Federal Assembly of 20 Dec. 2006 on the Amendment of Legislation in accordance with the Provisions on the Federal Supreme Court Act and the Federal Administrative Court Act, in force since 1 Jan. 2008 (AS 2006 5599, 2007 5573; BBl 2006 7759).
295 Amended by No I of the FA of 28 Sept 2012 (Emergency Amendments to the Asylum Act), in force from 29 Sept. 2012 to 28 Sept. 2015 (AS 2012 5359; BBl 2010 4455, 2011 7325) and extended to 28 Sept. 2019 by No II of the FA of 26 Sept. 2014 (AS 2015 2047; BBl 2014 2087).
296 Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
297 SR
142.20
298 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
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subject to an expulsion order under Article 66a or 66abis SCC299 or Article 49a or 49abis MCC300.301
a302 Exchange of information A regular exchange of information shall take place between the FDJP and the Federal Administrative Court on the prioritisation and administrative processing of proceedings of first and second instance.
b303 Federal Administrative Court processing strategy The Federal Administrative Court shall adopt a processing strategy; in doing so, it shall take account of: a. the SEM processing strategy under Article 37b; b. the statutory appeal and processing deadlines.
Art. 110
Procedural time
limits
1
The additional period allowed for the amendment of the appeal amounts to seven days, and in the case of appeals against decisions to dismiss an application and decisions in accordance with Article 23 paragraph 1 and rulings under Article 111b, three days.304 2 The time limit for furnishing evidence is seven days if the evidence must be obtained in Switzerland, and 30 days for evidence that must be obtained abroad. Expert reports must be produced within 30 days.
3
The time limit may be extended if the appellant or their representative is prevented from acting within this time limit, in particular due to illness or accident.
4
The deadline for proceedings is at the most two working days in the case of proceedings relating to:
a. the denial of entry into Switzerland and the allocation of a place of stay at the airport in accordance with Article 22 paragraphs 2-4; 299 SR
311.0
300 SR
321.0
301 Inserted by No I 1 of the FA of 1 Oct. 2010 on the Coordination of Asylum and Extradition Proceedings (AS 2011 925; BBl 2010 1467). Amended by Annex No 2 of the FA of
20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since
1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
302 Inserted by No I of the FA of 14 Dec. 2012 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
303 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
304 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
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b. a detention order in accordance with Article 76 paragraph 1 letter b number 5 FNIA305.306
a307 Legal aid 1 The Federal Administrative Court shall at the request of the asylum seeker, who shall be exempted from paying the procedural costs, appoint an official legal adviser, but only in the case of appeals against: a. decisions to dismiss the application, decisions to refuse asylum and removal orders under Articles 31a and 44; b. decisions on the revocation or expiry of asylum under Articles 63 and 64; c. the termination of temporary admission relating to asylum seekers under Article 84 paragraphs 2 and 3 FNIA308;
d. decisions relating to granting temporary protection under Chapter 4 of this Act.
2
Excluded are appeals under paragraph 1 if they arise in relation to Dublin proceedings (Art. 31a para. 1 let. b), re-examination and review proceedings and multiple applications. For these and other appeals that do not fall under paragraph 1, Article 65 paragraph 2 of the Administrative Procedure Act of 20 December 1968309 applies.
3
In the case of appeals that arise on the basis of this Act, persons with a university degree in law are also authorised to act as legal advisers providing professional advice and representation to asylum seekers.
Art. 111
310
The following cases may be heard by a single judge: a. the dismissal of appeals due to irrelevance; b. summary dismissal of manifestly unlawful appeals; c. the decision relative to the preliminary denial of entry at the airport and the allocation of a place of stay at the airport; 305 SR
142.20
306 Amended by No I 3 and II of the Ordinance of the Federal Assembly of 20 Dec. 2006 on the Amendment of Legislation in accordance with the Provisions on the Federal Supreme Court Act and the Federal Administrative Court Act, in force since 1 Jan. 2008 (AS 2006 5599, 2007 5573; BBl 2006 7759).
307 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
308 SR
142.20
309 SR
172.021
310 Amended by No I and IV 1 of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
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d.311 a detention order under Article 76 paragraph 1 letter b number 5 or Article 76a FNIA312;
e. with consent of a second judge: appeals that are clearly with or without justification.
a313 Procedure and decision 1 The Federal Administrative Court may dispense with an exchange of written submissions.314 2
Appeal decisions in accordance with Article 111 need only be summarily substantiated.
Section 3
Re-examination and Multiple Applications315
b316 Re-examination 1 An application for re-examination must be submitted to the SEM in writing and with a statement of grounds within 30 days of identifying the grounds for reexamination. The procedure is otherwise governed by Articles 66-68 of the Administrative Procedure Act of 20. December 1968317.
2
Decisions to dismiss an application must normally be made within five working days of submission of an application for re-examination. In other cases, decisions must normally be made within ten working days of the application being submitted.
3
The submission of an application for re-examination does not delay enforcement.
The authority responsible for processing may suspend enforcement on request if there is a specific danger to the applicant in his or her native country or country of origin. 4 Applications for re-examination without a statement of grounds or repeat applications that state the same grounds shall be dismissed without a formal decision being taken.
311 Amended by Annex No I 2 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675).
312 SR
142.20
313 Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
314 Amended by No I 3 of the Ordinance of the Federal Assembly of 20 Dec. 2006 on the Amendment of Legislation in accordance with the Provisions on the Federal Supreme Court Act and the Federal Administrative Court Act, in force since 1 Jan. 2008 (AS 2006 5599, 2007 5573; BBl 2006 7759).
315 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
316 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
317 SR
172.021
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c318 Multiple applications
1
Applications for asylum made within five years of the asylum decision or removal order becoming legally binding must be submitted in writing with a statement of the grounds. The grounds for dismissal under Article 31a paragraphs 1-3 apply.
2
Multiple applications or repeat applications that state the same grounds shall be dismissed without a formal decision being taken
d319 Fees 1 The SEM shall charge a fee if it rejects or dismisses an application for reexamination or a multiple application. If a request or application is approved in part, the fee is reduced. No compensation is paid.
2
The SEM shall on request exempt the applicant following submission of reexamination or multiple applications from having to pay procedural costs provided he or she is in financial need and the application does not appear prima facie without merit.
3
The SEM may request the applicant to make an advance payment of fees equivalent to the probable procedural costs. It shall allow an appropriate period for payment to be made, under threat of dismissal for failure to do so. An advance payment of fees shall not be requested:
a. if the requirements of paragraph 2 are met; or b. in proceedings involving unaccompanied minors, provided the reexamination or multiple application does not appear prima facie without merit.
4
The Federal Council shall regulate the assessment of the fee and the level of the advance payment.
Art. 112
320
319 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
320 Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
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Section 4
Stop and Suspension of Limitation Periods321
a322 For the duration of appeal proceedings, the limitation period for financial claims by the Confederation against recipients of subsidies or social assistance does not begin or is suspended if it has already begun.
Chapter 8a Asylum Proceedings in Test Phases323
b324 …325 1 The Confederation may provide for test phases to assess new procedures if a test phase is required for such procedures prior to amending the law due to the complex organisational and technical measures involved.
2
The Confederation regulates the details of the test phases in an ordinance. In doing so it may deviate from the terms of this Act and the FNIA326 in relation to the organisation of first instance asylum proceedings and the removal proceedings and related financial issues.
3
It may reduce the deadline for filing an appeal under Article 108 paragraph 1 in test phases from 30 days to ten days, provided effective legal protection for the asylum seekers concerned is guaranteed by suitable measures.
4
The ordinance lists all the statutory provisions from which it deviates.
5
The test phases last no longer than two years.
321 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
322 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
323 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
324 Inserted by No I of the FA of 28 Sept 2012 (Emergency Amendments to the Asylum Act), in force from 29 Sept. 2012 to 28 Sept. 2015 (AS 2012 5359; BBl 2010 4455, 2011 7325) and extended to 28 Sept. 2019 by No II of the FA of 26 Sept. 2014 (AS 2015 2047; BBl 2014 2087). See also the transitional provision to this amendment at the end of the text.
325 Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
326 SR
142.20
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65
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Chapter 9
International Cooperation327
Art. 113
…328
The Confederation shall participate in the harmonisation of European refugee policy at international level as well as in the resolution of refugee problems abroad. It shall support the activities of international charitable organisations. It shall in particular work with the United Nations High Commissioner for Refugees.
Art. 114
329
Art. 115
Misdemeanours Any person who commits any of the following acts is liable to a monetary penalty not exceeding 180 daily penalty units, unless the act constitutes a felony or misdemeanour that carries a higher penalty under the SCC332:333 a. obtaining, on the basis of this Act, for themselves or for another by providing false or incomplete information or in another way a pecuniary advantage that is not theirs by right;
b.334 completely or partly evading the duty to pay the special charge in accordance with Article 86 by providing false or incomplete information or in another way;
327 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
328 Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
329 Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
330 Amended by Art. 3 No 2 of the FD of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with
Schengen and Dublin, in force since 12 Dec. 2008 (AS 2008 447 5405 Art. 1 let. a; BBl 2004 5965).
331 Inserted by Art. 3 No 2 of the FD of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with
Schengen and Dublin, in force since 12 Dec. 2008 (AS 2008 447 5405 Art. 1 let. a; BBl 2004 5965).
332 SR
311.0. Term in accordance with Annex No 2 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals
convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
333 Amended by Art. 333 of the Criminal Code (SR 311.0) in the version contained in the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979).
334 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
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c.335 … d.336 assists a person to commit an offence under Article 116 letter c with a view to his or her own financial gain, in particular through planning or organisation.
Art. 116
Contraventions Any person who commits any of the following acts is liable to a fine, unless the act constitutes an offence under Article 115: a. violating the obligation to provide information by knowingly providing false information or refusing to provide information; b. resisting a check instructed by the competent authority or rendering this impossible in another way;
c.337 carries out public political activities as an asylum seeker in Switzerland solely with the intention of establishing subjective post-flight grounds within the meaning of Article 54;
d.338 assists a person to commit an offence under letter c, in particular through planning or organisation.
a339
Art. 117
340
a Improper processing of personal data Any person who processes personal data stored in Eurodac for a purpose other than to establish which state is responsible for examining an application for asylum made 335 Repealed by Annex No 1 of the FA of 16 Dec. 2016 (Integration), with effect from 1 Jan. 2018 (AS 2017 6521; BBl 2016 2821, 2013 2397).
336 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
337 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
338 Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
339 Inserted by No I of the FA of 16 Dec. 2005 (AS 2006 4745, 2007 5573; BBl 2002 6845).
Repealed by Annex No 1 of the FA of 16 Dec. 2016 (Integration), with effect from 1 Jan. 2018 (AS 2017 6521; BBl 2016 2821, 2013 2397).
340 Repealed by Annex No 1 of the FA of 16 Dec. 2016 (Integration), with effect from 1 Jan. 2018 (AS 2017 6521; BBl 2016 2821, 2013 2397).
341 Inserted by Art. 3 No 2 of the FD of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with
Schengen and Dublin, in force since 12 Dec. 2008 (AS 2008 447 5405 Art. 1 let. a; BBl 2004 5965).
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by a citizen of a third country in a state subject to the Dublin Association Agreements is liable to a fine.
Section 3
Prosecution342
Art. 118
…343
Prosecution is the responsibility of the cantons.
Chapter 11 Final Provisions
Art. 119
Implementation The Federal Council shall be responsible for implementation. It shall issue the implementing provisions.
Art. 120
Repeal of existing legislation The following are repealed: a. the Asylum Act of 5 October 1979344; b. the Federal Decree of 16 December 1994345 on Economy Measures in the Sphere of Asylum and Foreign Nationals.
Art. 121
Transitional provisions
1
The new law applies to proceedings pending on the commencement of this Act.
2
Pending proceedings on the granting of a residence permit by the immigration authorities in accordance with the prior Article 17 paragraph 2 shall become irrelevant.
3
The Appeals Commission and the FDJP shall retain jurisdiction over any appeals pending before them on the commencement of this Act, subject to paragraph 2 above.
4
On the commencement of this Act, the provisions of Chapter 4 shall apply to groups of foreign nationals temporarily admitted in accordance with the current 342 Inserted by Art. 3 No 2 of the FD of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with
Schengen and Dublin, in force since 12 Dec. 2008 (AS 2008 447 5405 Art. 1 let. a; BBl 2004 5965).
343 Repealed by Art. 3 No 2 of the FD of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with
Schengen and Dublin, with effect from 12 Dec. 2008 (AS 2008 447 5405 Art. 1 let. a; BBl 2004 5965).
344 [AS
1980 1718, 1986 2062, 1987 1674, 1990 938 1587 Art. 3, 1994 1634 No I 8.1 2876, 1995 146 No II 1126 No II 1 4356, 1997 2372 2394, 1998 1582] 345 [AS
1994 2876]
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Article 14a paragraph 5 of the Federal Act on the Residence and Permanent Settlement of Foreign Nationals346. The length of stay of persons temporarily admitted in groups shall be taken into account when calculating the time limits in accordance with Article 74 paragraphs 2 and 3.
5
The previous law shall apply for up to two years after the commencement of this Act in relation to the payment of social assistance benefits to refugees with a residence permit.
Art. 122
Relationship with the Federal Decree of 26 June 1998347 on Emergency Measures in the Sphere of Asylum and Foreign Nationals If a referendum is sought on the Federal Decree of 26 June 1998 on Emergency Measures in the Sphere of Asylum and Foreign Nationals and it is rejected in a popular vote, the provisions listed below shall be deleted: a. Article 8 paragraph 4 (duty to cooperate in the acquisition of valid travel documents),
b. Article 32 paragraph 2 letter a (dismissal of the application in the event of failure to submit travel documents or identity papers), c. Article 33 (dismissal of the application in the event of improper filing of an asylum application),
d. Article 32 paragraph 2 letter b (dismissal of the application in the event of identity fraud); in this case, the content of Article 16 paragraph 1 letter b shall be inserted in the version in accordance with Number I of the Federal Decree of 22 June 1990348 on Asylum Procedures instead of the deleted provision of Article 32 paragraph 2 letter b; and e. Article 45 paragraph 2 (immediate implementation of decisions to dismiss applications); in this case, the content of Article 17a paragraph 2 shall be inserted in the version in accordance with Number II of the Federal Act of 18 March 1994349 on Coercive Measures under the Law on Foreign Nationals instead of the deleted provision of Article 45 paragraph 2 after the adjustment of the article references.
346 [BS
1 121; AS 1949 221, 1987 1665, 1988 332, 1990 1587 Art. 3 para. 2, 1991 362 No II 11 1034 No III, 1995 146, 1999 1111, 2000 1891 No IV 2, 2002 685 No I 1 701 No I 1 3988 Annex No 3, 2003 4557 Annex No II 2, 2004 1633 No I 1 4655 No I 1, 2005 5685 Annex No 2, 2006 979 Art. 2 No 1 1931 Art. 18 No 1 2197 Annex No 3 3459 Annex No 1 4745 Annex No 1, 2007 359 Annex No 1. AS 2007 5437 Annex No I].
See: the FA of 16 Dec. 2005 on Foreign Nationals (SR 142.20).
347 AS
1998 1582 No III. In the light of the adoption of this FD in the popular vote of 13 June 1999, this Article is irrelevant.
348 AS
1990 938
349 AS
1995 146 151
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Art. 123
Referendum and commencement 1
This Act is subject to an optional referendum.
2
The Federal Council shall determine the commencement date.
Commencement date: 1 October 1999350 Final Provisions to the Amendment of 19 December 2003351 1 The previous law in accordance with Article 37 applies to the time limit for processing applications for asylum that are filed before the commencement of this amendment to the Act.
2
Article 50 of the Federal Administrative Procedure Act of 20 December 1968352 applies to time limits for filing appeals against decisions to dismiss an application in the first instance in accordance with Articles 32-34 that are issued before the commencement of this amendment to the Act.
3
The previous law in accordance with Article 109 applies to appeals against decisions to dismiss an application in accordance with Articles 32-34 that is filed before the commencement of this amendment to the Act.
4
Articles 44a and 88 paragraph 1bis also apply to decisions to dismiss an application in accordance with Articles 32-34 that became legally binding before the commencement of this Act. The cantons shall, however, receive support for nine months at the most after the commencement of this amendment to the Act in accordance with Article 88 paragraph 1, provided the Federal Office for Refugees supported the cantons in the enforcement of the removal order until the commencement of this amendment to the Act.
Transitional Provisions to the Amendment of 16 December 2005353 1 The new law applies to the procedures pending on commencement of this amendment to the Act.
2
If there are grounds for a final account before the commencement of this amendment to the Act in accordance with Article 87 in the version of 26 June 1998354, the settlement and the balancing of the account shall be carried out in accordance with current legislation.
3
The Federal Council shall regulate the settlement procedures; it determines to what extent and how long persons who were gainfully employed before the commencement of this amendment to the Act and for whom there was no intermediate or final 350 Federal Council Decree of 11 Aug. 1999.
351 AS
2004 1633; BBl 2003 5615 352 SR
172.021
353 AS
2006 4745, 2007 5573; BBl 2002 6845. Para. 1 in force since 1 Jan. 2007 and paras. 2-4 in force since 1 Jan. 2008.
354 AS
1999 2262
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account in accordance with paragraph 2 at the in the time of the commencement of this amendment to the Act must pay a special charge and to which extent and how long their assets are distrained.
4
The Confederation shall make a single flat-rate payment of 15,000 francs to the cantons for each person for whom the decision to grant asylum or the removal decision became legally binding before the commencement of this amendment to the Act, provided these persons have not yet left Switzerland.
Transitional Provision to the Amendment of 28 September 2012355 Articles 12, 19, 20, 41 paragraph 2, 52 and 68 apply in their previous versions to
asylum applications that are filed abroad before the amendment to this Act of 28 September 2012 comes into force.
Transitional Provisions to the Amendment of 14 December 2012356 1 Subject to paragraphs 2-4, the new law applies to proceedings pending when the Amendment to this Act of 14 December 2012 comes into force.
2
The previous law as of 1 January 2008 applies to re-examination and multiple application proceedings pending when the Amendment to this Act of 14 December 2012 comes into force. Paragraph 1 applies to Article 43 paragraph 2 and 82 paragraph 2.
3
Airport operators are responsible for making accommodation at the airport in accordance with Article 22 paragraph 3 available within two years of the Amendment to this Act of 14 December 2012 coming into force.
4
Asylum applications filed before the Amendment to this Act of 14 December 2012 comes into force are governed by Article 17 and 26 of the previous law. Article 26bis does not apply to asylum proceedings pending when the Amendment of 14 December 2012 comes into force. Article 110a does not apply to appeal proceedings pending when the Amendment of 14 December 2012 comes into force.
5
Revocation of asylum or the deprivation of refugee status does not apply to persons recognised as refugees under Article 51 of the previous law.
Transitional Provisions to the Amendment of 26 September 2014357 1 On conclusion of the test phases, the Federal Council may continue to apply the implementing provisions tested on the basis of Article 112b paragraph 2 provided the tested procedures: 355 AS
2012 5359; BBl 2010 4455, 2011 7325 356 AS
2013 4375 5357; BBl 2010 4455, 2011 7325 357 AS
2015 2047; BBl 2014 2087
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a. may be regarded as suitable on the basis of an evaluation; and b. are incorporated in a legislative bill in accordance with Article 112b paragraph 1.
2
The Federal Council may make minor adjustments to the implementing provisions tested on the basis of Article 112b paragraph 2 in view of the results of the evaluation.
3
The further application of the tested implementing provisions ends when the amendment to the law comes into force in accordance with Article 112b paragraph 1, but by 28 September 2019 at the latest.
Transitional Provisions to the Amendment of 25 September 2015358 1-3 …359
4
Planning approval procedures for constructing new buildings and installations may be continued until their legally binding conclusion if the application was filed during the term of validity of Article 95a paragraph 1 letter a.
5
Approval procedures for the construction of new buildings and installations that the Confederation intends to use to accommodate asylum seekers or to conduct asylum procedures that are pending before the first instance when the Amendment of 25 September 2015 comes into force shall be continued in accordance with Chapter 6a.
Transitional Provision to the Amendment of 16 December 2016360 Proceedings that are pending and claims that are outstanding under Articles 86 and
87 of this Act and Article 88 FNIA361 when the Amendment of 16 December 2016 comes into force are governed by the previous law.
358 AS
2016 3101, 2017 6171; BBl 2014 7991. Paragraphs 4 and 5 come into force on 1 Jan.
2018.
359 Not yet in force.
360 AS
2007 6521; BBl 2016 2821, 2013 2397 361 SR
142.20
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Annex 1362
(Art. 21 para. 3)
Dublin Association Agreements The Dublin Association Agreements comprise: a. the Agreement of 26 October 2004363 between the Swiss Confederation and the European Community on the criteria and procedure for determining the State responsible for examining an application for asylum lodged in a member state or in Switzerland (DAA); b. the Agreement of 17 December 2004364 between the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway on the implementation, application and development of the Schengen Acquis and on the criteria and procedure for determining the State responsible for examining an application for asylum lodged in Switzerland, Iceland or Norway; c. the Protocol of 28 February 2008365 between the Swiss Confederation, the European Community and the Principality of Liechtenstein to the Agreement between the Swiss Confederation and the European Community on the criteria and procedure for determining the State responsible for examining an application for asylum lodged in a member state or in Switzerland; d. the Protocol of 28 February 2008366 between the Swiss Confederation, the European Community and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the Swiss Confederation and the European Community on the criteria and procedure for determining the State responsible for examining an application for asylum lodged in a member state or in Switzerland.
362 Inserted by Annex No 1 of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937).
363 SR
0.142.392.68 364 SR
0.362.32
365 SR
0.142.393.141 366 SR
0.142.395.141
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73
142.31
Annex 2367
Amendment of Current Legislation …368
367 Originally
Annex.
368 The amendments may be consulted under AS 1999 2262.
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