Asylum law in Switzerland is the responsibility of the Swiss Confederation, while the cantons are responsible for implementing the decisions of the State Secretariat for Migration (SEM).Art. 121 al. 1 Cst.
Legal basis Asylum law in Switzerland is governed by the Asylum Act of 1998 (AsylA),Asylum Act (LAsi) of May 26, 1998, RS 142.31. the Foreign Nationals and Integration Act of 2005 (FNIA)Foreign Nationals and Integration Act (FNIA) of December 16, 2005, RS 142.20. and the Geneva Convention of July 28, 1951. Switzerland applies Regulation (EU) no. 604/2013, known as "Dublin III", which determines which member state is responsible for processing an asylum application from a third-country national.
The cantonal laws and implementing regulations specify the role of the organizations responsible for helping migrants. In the canton of Vaud, for example, the Etablissement Vaudois d'Accueil des Migrants (EVAM) operates under the Law on Assistance to Asylum Seekers and Certain Categories of Foreigners,Loi sur l'aide aux requérants d'asile et à certaines catégories d'étrangers (LARA) of 7 March 2006 (status at January 1, 2022), 142.21. as well as other cantonal acts governing social assistance and the integration of foreigners.
Asylum application Anyone can submit an asylum application at a border crossing, at a Swiss airport checkpoint or at a confederation center.Art. 19 al. 1 LAsi Filing an asylum application on Swiss territory entitles the applicant to remain in the country throughout the first-instance procedure and any ordinary appeal.
Federal Asylum Centres (FAC) Anyone applying for asylum in Switzerland is automatically directed to one of the FACs, where he or she will be taken into care for a period of 140 days, after which he or she will be allocated to a canton responsible for providing accommodation and subsistence until a decision is reached on the asylum application.
The federal centers are divided into regions or cantons, with one FAC handling procedural tasks, while others deal mainly with accommodation. The Les Verrières center is reserved for difficult cases.
List of federal Asylum Centres Regional structureState Secretariat for Migration, " List of all federal centers for asylum seekers (CFA) " Open access, on sem.admin.ch, March 27, 2022 (accessed April 18, 2022).With procedural tasksWithout procedural tasksAirportFrench-speaking SwitzerlandBoudryVallorbeGiffersLes VerrièresGenevaBernBernKappelenBoltigenNorthwestern SwitzerlandBaselAllschwilFlumenthalReinach BLTicino and Central SwitzerlandChiasso (administration)Chiasso (accommodation) Balerna (CFA Pasture)
Sarnen (CFA Glaubenberg)Eastern SwitzerlandAltstättenKreuzlingenSulgenZurichZurichEmbrachBruggZurich
Procedure Once an asylum application has been submitted, the SEM records the applicant's personal and biometric data, including fingerprints. These are compared with a European database to determine whether proceedings are already underway in another country. The authorities may also carry out investigations into identity and travel documents, as well as into the applicant's health status.
A first consultation takes place to inform the applicant of his or her rights and obligations during the asylum procedure, along with interviews with legal assistants and SEM authorities. The authorities then decide whether to apply the Dublin procedure (i.e., the application must be processed in the state through which the person arrived in Europe), the Swiss "accelerated procedure" or the extended procedure. In the case of the accelerated procedure, which must be completed in 140 days maximum, the SEM interviews the applicant and examines the evidence to determine whether asylum can be granted. If further clarification is required after the hearing to reach a decision, the extended procedure applies: the applicant is then assigned to a canton, which will house him or her for the duration of this procedure, which may last up to one year.
Refugee status The refugee status (B permit) is granted to "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".Art.3 al.1 LAsi The State Secretariat for Migration (SEM) takes gender into account when examining asylum applications, as women and sexual minorities are persecuted as a social group.
In the Swiss case, the danger to life, physical integrity or freedom, as well as measures resulting in unbearable psychological pressure, are considered sufficient reasons to apply for refugee status. Specific reasons for women's flight must also be taken into account. However, refusal to serve or desertion from the army are not accepted reasons.Art.3 al.3 LAsi The refugee status does not apply for behaviors the person may have engaged in after leaving his or her country of origin or departure, if these acts do not constitute the expression of convictions or orientations already held before departure, nor are they a continuation of them.
The refugee status is granted on a case-by-case, individual basis. The applicant must prove that he or she is personally targeted by persecution seriously endangering his or her life, physical integrity or freedom.Art.7 al.1 LAsi Thus, civilians fleeing a conflict situation do not in principle have refugee status if they are not personally threatened due to their membership of a group or their political opinions. They may, however, be granted provisional admission and authorized to stay in Switzerland for as long as the conflict lasts. Following a proposal by the Federal Council, Switzerland grants Ukrainians fleeing the Russian-Ukrainian war of 2022 protection status S, which has never been activated until now.
As an exception to the general system of personal refugee status, the Confederation may grant asylum to general groups of applicants. The decision is taken by the Federal Council when a large number of people are concerned, and by the Federal Department of Justice and Police in other cases.Art. 56 al.1 Lasi In view of the Taliban's return to power in August 2021, the FDJP is granting asylum to a contingent of 218 Afghan nationals.
Refugees recognized as such are granted a residence permit and are authorized to engage in paid employment. Refugee status is also automatically granted to the spouse and minor children of the persecuted person, as well as to children born in Switzerland.Art. 51 LAsi
Rejection with provisional admission If the conditions for recognition of the refugee status are not met, but return to the country of origin would expose the applicant to serious general danger, usually because the applicant's region of origin is in the grip of conflict, the SEM rejects the asylum application but grants provisional protection (F permit).Art.4 LAsi Provisional protection is automatically renewed every 12 months, but can be lifted at any time by the Confederation when the reasons for granting it have ended, generally when peace is restored in the applicant's region of origin. Organizations such as Swiss Refugee Council criticize this procedure as leading to long-term precariousness, the restriction of fundamental rights (notably the right of movement) and increasing integration challenges for the people concerned.
Rejection without provisional admission Asylum seekers who are unable to prove their status as asylum seekers, and who do not come from a country in the grip of war or generalized violence, have their applications rejected and are sent back to their country of origin (known as "rejected" asylum seekers). The decision is accompanied by a departure deadline, after which residence in Switzerland becomes illegal.
Rejection of application (NEM) If the asylum seeker does not meet the conditions listed under article 31a of the Asylum Act, the SEM will not consider his or her application. In most cases, these are applicants who have already applied for asylum in another European Union or European Economic Area state (and are therefore subject to the Dublin agreements), or who are not considered to be seeking protection "due to persecution".Art.18 and 31a al.3 LAsi
Withdrawal of refugee status Once granted, refugee status can be withdrawn in the following cases:Art. 63 and 78 LAsi
If the person has voluntarily reclaimed the protection of the country of his or her nationality. If, having lost their nationality, they have voluntarily reacquired it. If he/she has acquired a new nationality and enjoys the protection of the country whose nationality he/she has acquired. If he/she has voluntarily returned to settle in the country he/she left or outside which he/she remained for fear of persecution. If he/she is granted asylum or permanent residence in another country. If the circumstances which led to recognition as a refugee have ceased to exist in either the country of origin or the country from which he/she came, he/she may no longer refuse to avail him/herself of the protection of the country of his/her nationality. In the case of a person who does not have a nationality, if the circumstances which led to his or her recognition as a refugee have ceased to exist, he or she is able to return to the country in which he or she had his or her habitual residence. If the person breaches a travel ban. If the person stays abroad for more than a year. If the person renounces refugee status. In this case, if the person subsequently wishes to regain refugee status, the SEM may refuse.
The provisions of the Convention Relating to the Status of Refugees will not apply at all to refugees if: (1) The person has committed a crime against peace, a war crime or a crime against humanity (2), The person has committed a serious non-political crime outside the country of refuge before being admitted as a refugee (3), The person has been guilty of acts contrary to the purposes and principles of the United Nations (4), The person has obtained refugee status by making false statements or by concealing essential facts (5), The person has undermined Switzerland's internal or external security or has committed particularly reprehensible criminal acts punishable by a heavy penalty.
In all cases, the refugee cannot be deported without having had the opportunity to express his or her views to the SEM.Convention relating to the Status of Refugees (OHCHR).
Legal effects The withdrawal of the refugee status necessarily entails loss of asylum, although the opposite is not always true. Loss of refugee status means that the person can no longer avail him/herself of the Convention relating to the Status of Refugees, and loses the right to a travel document, for example. The travel document must be returned to the SEM after the decision to revoke refugee status has been taken. However, the withdrawal of the refugee status - or asylum - has no effect on a cantonal residence or settlement permit if one has already been issued. However, if the refugee has only been admitted on a provisional basis, admission may be withdrawn once the refugee status has been withdrawn and removal from Switzerland enforced. These decisions do not extend to the refugee's spouse or children, and asylum will only be withdrawn from them if they personally meet the conditions for withdrawal of the refugee status.Manual for Asylum and Return from the State Secretariat for Migration SEM.
Appeals and reconsiderations Any decision by the Federal Office for Migration can be appealed to the Federal Administrative Court (FAC) within 7 days under an accelerated procedure, or 30 days under an extended procedure. Of the FAC's six courts, Courts IV and V deal with asylum cases; they may coordinate with Court VI, which deals with immigration law. Among other things, they rule on issues of family reunification or family asylum.