Rs 142.31 Act Of 26 June 1998 On Asylum (Lasi)

Original Language Title: RS 142.31 Loi du 26 juin 1998 sur l’asile (LAsi)

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142.31 law on asylum (LAsi) of 26 June 1998 (State October 1, 2015) the Federal Assembly of the Swiss Confederation, view of art. 121, al. 1, of the Constitution, given the message of the federal Council on 4 December 1995, stop: Chapter 1 principles art. 1 purpose this rule Act: a. the granting of asylum and the status of refugees in Switzerland; b. provisional protection in Switzerland to those in need (to protect people), as well as their return to their country of origin or of provenance or in a third State.

Art. 2 asylum the Switzerland grants asylum to refugees on request, in accordance with the provisions of this Act.
Asylum includes protection and status granted to individuals in Switzerland because of their refugee status in Switzerland. It includes the right to reside in Switzerland.

Art. 3 definition of the term refugee are refugees who, in their State of origin or in the country of their last residence, are exposed to serious harm or fear rightly being due to their race, religion, nationality, membership in a particular social group or their political opinions.
Are especially considered serious harm the endangering of life, physical integrity or freedom, as well as measures that entail unbearable psychological pressure. It has taken into account the gender-specific reasons for flight.
Are not refugees who, on the grounds that they have refused to serve or deserted, are exposed to serious harm or rightly fear to be. The provisions of the Convention of 28 July 1951 relating to the status of refugees are reserved.
Are not refugees people who argue for reasons resulting from the behavior they had after leaving their country of origin or provenance if they are not the expression of convictions or orientations already displayed before their departure or don't fit into their extension. The provisions of the Convention of 28 July 1951 relating to the status of refugees are reserved.

RS 0.142.30 introduced by chapter I of the Federal ACT on Sept. 28. 2012 (Mod) pressing of the Federal ACT on asylum, in force from 29 sept. 2012 to Sept. 28. 2015 (2012 5359 RO; FF 2010 4035, 2011 6735) and extended to Sept. 28. 2019 by clause II of the Federal ACT on Sept. 26. 2014 (2015 2047 RO; FF 2014 2013).
RS 0.142.30 introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 4 grant of provisional protection the Switzerland can provide temporary protection to people to protect as long as they are exposed to a serious general danger, especially during a war or a civil war or in situations of generalized violence.

Art. 5 ban on refoulement zero cannot be forced in any way whatsoever, to travel to a country where his life, physical integrity or freedom would be threatened for one of the grounds mentioned in art. 3, al. 1, or even where he might be forced to visit such a country.
The ban on refoulement may be invoked when there are serious reasons to admit that the person invoking it compromises the safety of the Switzerland or that, having been convicted by a judgment as a result of a crime or a particularly serious crime, it must be considered dangerous to the community.

Art. Procedure 6regles procedures are governed by the Federal Act of 20 December 1968 on administrative procedure (Federal law on administrative procedure), by the law of 17 June 2005 on the federal administrative court and by the law of 17 June 2005 on the federal court, unless this Act provides otherwise.

New content according to Chapter 4 of the annex to the Federal ACT of 17 June 2005 on the TAF, in force since Jan. 1. 2007 (RO 2006 2197 1069; FF 2001-4000).
RS RS RS 173.110 173.32 172.021 Chapter 2 applicants Section 1 General art. competent 6aautorite the Secretariat of State for Migration (SEM) decides the granting or refusal of asylum, as well as the removal of an applicant of Switzerland.
The federal Council shall determine: a. safe, namely those in which it considers that the applicant is free from persecution; b. safe third States, namely, those in which it considers that there is respect for the principle of non-refoulement in the sense of the art States of origin or provenance. 5, al. 1. He submits to a periodic control decisions made under para. 2. introduced by chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
The name of the administrative unit has been adapted to 1 Jan. 2015 in application of art. 16 al. 3 o from 17 nov. 2004 on official publications (RS 170.512.1). This mod has been taken throughout the text.

Art. 7 proof of refugee status anyone asylum (applicant) must prove or at least make it likely that he is a refugee.
Refugee status is likely when the Authority considers that it is highly probable.
Are not implausible especially allegations which are not sufficiently based on essential points, which are contradictory, which do not correspond to the facts or based on false or forged evidence means decisively.

Art. 8. duty to co-operate the applicant is required to collaborate in the findings of fact. It shall in particular: a. identify himself; b. back his travel documents and his identity documents to the centre for registration and procedure; c., at the hearing, the reasons which have encouraged him to apply for asylum; d. identify comprehensively the possible means of proof available to it and provide it without delay, or strive to get them within an appropriate period insofar as we can reasonably demand it of him; e. collaborate on its biometric data entry.

May be required of the applicant it gets translated into an official language of documents written in another language.
During the procedure, the applicant who stays in Switzerland must be available to the Federal and cantonal authorities. It must immediately communicate its address and any change thereof to the authority of the canton or the competent commune under law cantonal (cantonal authorities).
The applicant who, without valid reason, does not respect its obligation to cooperate or fails at the disposal of the competent authorities on asylum for more of twenty days without de facto continuation of the proceedings. Its application is filed without a formal decision. He can reapply no earlier than after three years. The respect of the Convention of 28 July 1951 relating to the status of refugees is reserved.
People who are subject to a binding removal decision are required to collaborate to obtain valid travel documents.

New term according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035). This mod has been taken throughout the text.
Introduced by chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
RS 0.142.30 introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 9 search authority may search an applicant hosted in a recording-recording and procedure Center housing private or collective, as well as its assets, to search for travel documents, identification or dangerous objects, drugs or of assets of questionable provenance.
The applicant may be searched only by a person of the same sex.

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. 10 seizure and confiscation of documents the SEM pays the record of travel documents and identification of the applicant.
The authorities and administrative services capture and transmit to the SEM documents of trip, the identity documents or any other documents that can provide information on the identity of a person who filed a request for asylum in Switzerland. The al. 5 applies to recognised refugees.
When the authority or administrative service who seized documents under para. 2 check themselves authenticity, they communicate the outcome of this review to the MIR.
The SEM or the appeal authority may confiscate or seize false or falsified documents or improperly used authentic documents and hand them over to the right if necessary.
The passports or identity documents that have been established for refugees recognized in Switzerland by their country of origin are entered and transmitted to the MIR.

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Introduced by chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. 11 procedure for taking of evidence


When proceedings of evidence is taken as part of the finding of facts, the applicant cannot give advance notice on the taking of evidence.

Art. 12 address in the notification any notification or communication made to the last address of the applicant or his agent whose authorities have knowledge is legally valid at the end of the period of ordinary custody of seven days, even if the interested parties do not take knowledge later due to a special agreement with the Swiss Post Office or if sent back without being able to be issued to them.
If the applicant is represented by several agents who did not notify common address, authority gives its communications to the designated agent in the first place by the applicant.


Introduced by section 4 of the annex to the Federal ACT of 17 June 2005 on the TAF (RO 2006 2197 1069; FF 2001-4000). Repealed by no I of the Federal ACT on Sept. 28. 2012 (MOD. urgent of the Federal ACT on asylum), with effect from 29 sept. 2012 to Sept. 28. 2015 (2012 5359 RO; FF 2010 4035, 2011 6735) and extended to Sept. 28. 2019 by clause II of the Federal ACT on Sept. 26. 2014 (2015 2047 RO; FF 2014 2013). See also the disp. Trans. of the mod on Sept. 28. 2012 the end of the text.

Art. 13 notification and motivation of decisions decisions can, if warranted, be notified orally and motivated summarily.
The oral notification and motivation must be recorded in a report. The applicant receives an excerpt.
The competent authorities may notify the applicant who applies at the border or at the checkpoint of a Swiss airport (art. 21 to 23) signed decisions that have been transmitted by fax. The applicant confirms the reception in writing; otherwise, the competent authority posts the receipt. Art. 11, al. 3 of the Federal law on administrative procedure shall not apply. The notification is sent to the agent.
In other urgent cases, the SEM can enable either a cantonal authority or a Swiss diplomatic mission or a consular post abroad (Swiss representation) to notify signed decisions that have been transmitted by fax.
The SEM can notify the applicant represented a decision of dismissal within the meaning of art. 31, art. 1, let. b. the notification is immediately communicated to the agent.

RS 172.021 introduced by art. 2 No. 2 of the AF on June 18, 2010 for approval and implementation of the exchange of notes between the Switzerland and the EC regarding the resumption of the EC on the return (directive 2008/115/EC) (RO 2010 5925; FF 2009 8043). New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 14Relation with the procedure under the law on foreigners unless any right, the applicant may not engage in proceedings for the grant of a residence permit under the immigration law between the time he filed an asylum application and that when he leaves the Switzerland decision of reference binding, after the withdrawal of its request or if the referral cannot be enforced and that an alternative measure is ordered.
Subject to the approval of the SEM, the canton may grant a residence permit to any person who was awarded in accordance with this Act, the following conditions: a. the person concerned is staying in Switzerland for at least five years as of the filing of the application for asylum; b. the place of stay of the person concerned has always been known to the authorities; c. it is a case of serious hardship due to the integration of the person concerned; d. There is no ground for removal within the meaning of art. 62 of the Federal law of December 16, 2005, on the foreign nationals.

When he hears make use of this possibility, the canton immediately signals the SEM.
The person concerned has party that during the procedure of approval of the SEM.
Any already pending proceedings for the granting of a residence permit is cancelled by the filing of an application for asylum.
The residence permit which was granted retains its validity and may be extended in accordance with the law on foreigners.

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2007 (2006 4745 RO; FF 2002 6359).
New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
RS 142.20 art. 15 intercantonaux services the cantons can create intercantonaux services to accomplish the tasks that their responsibilities under this Act, including auditions, preparation of decisions and execution of referrals.

Art. 16 language of the proceedings a request to the federal authorities may be filed in any official language.
The SEM notifies its decisions and interim decisions in the official language of the place of residence of the applicant.
Exceptionally, it can waive the rule set for the al. 2 in the following cases: a. the applicant or his representative control another official language; b. such a measure necessary temporarily, due to the number of queries or the situation in terms of staff, to deal with requests for asylum efficiently and on time; (c) the applicant is directly heard on his reasons in the record and procedure Center and attributed to a township where another official language is spoken.

New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 17 provisions of special procedure available to the federal administrative procedure act the holidays does not apply to the asylum procedure.
The federal Council lays down additional provisions concerning the asylum procedure, including that it be taken into account in the procedure of the special situation of women and minors.
Applicants unaccompanied minor asylum applications are given priority.
The competent cantonal authorities immediately designate a trusted person to represent the interests of the applicants as long as unaccompanied minors: a. the procedure at the airport if decisive acts of procedure for asylum decision there are made; b. the stay in a centre for registration and procedure if, in addition to summary hearing referred to in art. 26, al. 2, decisive acts of procedure for asylum decision there are made; (c) the procedure, after the assignment of individuals to a canton; d. the Dublin procedure.

If clues suggest that a claimant allegedly minor has reached the age of majority, the SEM may order an expertise to determine its age.
The federal Council defines the means to appeal to legal counsel or a legal representative in the registration and procedure centres and airports.
When the notification of a decision made under art. 23, al. 1, 31A or 111, SEM sent parts of the procedure to the applicant or its agent if enforcement of the removal was ordered.
The federal Council defines the role, skills and tasks of the support person.

RS 172.021 introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Introduced by section I 2 of the AF of Sept. 26. 2014 (recovery of R [EU] n 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in effect since July 1. 2015 (2015 1841 RO; FF 2014 2587).
New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Introduced by chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Introduced by section I 2 of the AF of Sept. 26. 2014 (recovery of R [EU] n 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in effect since July 1. 2015 (2015 1841 RO; FF 2014 2587).

Art. 17aEmoluments for benefits the SEM can charge third parties fees and expenses caused by the benefits provided.

Introduced by chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. 17b introduced by chapter I of the Federal ACT of 16 Dec. 2005 (RO 2006 4745; FF 2002 6359). Repealed by no I of the Federal ACT of 14 Dec. 2012, with effect from Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Section 2 asks for asylum and entry in Switzerland art. 18 asylum is considered to be an application for asylum, any expression of will by which a person asks Switzerland to protect against persecution.


Art. 19depot of the asylum application must be filed at the checkpoint of a Swiss airport or at the entry into Switzerland, to an open border or in a Center registration and procedure.
Anyone who submits an application for asylum must be present at the Swiss border or on the territory of Switzerland.

During the filing of his application, the applicant is informed of his rights and duties during the asylum procedure.

See also the disp. Trans. of the mod on Sept. 28. 2012 the end of the text.
New content according to c. I of the Federal ACT on Sept. 28. 2012 (Mod) pressing of the Federal ACT on asylum, in force from 29 sept. 2012 to Sept. 28. 2015 (2012 5359 RO; FF 2010 4035, 2011 6735) and extended to Sept. 28. 2019 by clause II of the Federal ACT on Sept. 26. 2014 (2015 2047 RO; FF 2014 2013).
Introduced by chapter I of the Federal ACT on Sept. 28. 2012 (Mod) pressing of the Federal ACT on asylum, in force from 29 sept. 2012 to Sept. 28. 2015 (2012 5359 RO; FF 2010 4035, 2011 6735) and extended to Sept. 28. 2019 by clause II of the Federal ACT on Sept. 26. 2014 (2015 2047 RO; FF 2014 2013).
Repealed by no I of the Federal ACT on Sept. 28. 2012 (MOD. urgent of the Federal ACT on asylum), with effect from 29 sept. 2012 to Sept. 28. 2015 (2012 5359 RO; FF 2010 4035, 2011 6735) and extended to Sept. 28. 2019 by clause II of the Federal ACT on Sept. 26. 2014 (2015 2047 RO; FF 2014 2013).

Art. 20 repealed by chapter I of the Federal ACT on Sept. 28. 2012 (MOD. urgent of the Federal ACT on asylum), with effect from 29 sept. 2012 to Sept. 28. 2015 (2012 5359 RO; FF 2010 4035, 2011 6735) and extended to Sept. 28. 2019 by clause II of the Federal ACT on Sept. 26. 2014 (2015 2047 RO; FF 2014 2013). See also the disp. Trans. of the mod on Sept. 28. 2012 the end of the text.

Art. 21Demande for asylum made at the border, after interception near the border in the event of illegal entry or in Switzerland the competent authorities generally assign people who apply for asylum at the border, or after having been intercepted near the border in the event of illegal entry, or in Switzerland, a Center registration and procedure.
The SEM examines whether, under the provisions of the Dublin association agreements, it is responsible for conducting the asylum procedure.
The Dublin association agreements are mentioned in annex 1.

New content according to Chapter 1 of the annex to the Federal ACT of June 13, 2008 (made supplements as part of the implementation of the association to Schengen and Dublin agreements), in effect since Dec. 12. 2008 (RO 2008 5407 5405 art. 2 let. c;) FF 2007 7449).

Art. 22procedure to the airport for people who apply for asylum at a Swiss airport, the competent authority collects the personal data of the applicant and notes his fingerprints and the photograph. It can also capture other biometric data on him and question him briefly on the reasons that led him to leave his country and on the route.
The SEM checks if, under the provisions of the Dublin association agreements, it is responsible for conducting the asylum procedure.
The SEM allows entry where the Switzerland has jurisdiction under the Regulation (EU) n 604/2013 to complete the procedure for asylum and that the applicant: a. seems to be exposed to a danger to one of the grounds set out in art. 3, al. 1, or threatened with inhuman treatment in the country where he arrived directly; b. makes it likely that the country from which he came directly would require, in violation of the prohibition of refoulement, travel to a country where it seems to be exposed to danger.

If it is not possible to see immediately, on the basis of the measures provided for in para. 1 and audits of the al. 1, the entry permit requirements in para. 1 are met, the entrance is temporarily denied.
In order to avoid cases of rigour, the federal Council may decide in which other cases it allows entry into Switzerland.
When the SEM notifies the applicant that its entry into Switzerland is denied, he assigns a place to stay and ensures that it be housed adequately. The SEM supports the hosting costs. Managers of airports are responsible for provision of economic housing.
The refusal of entry into Switzerland and the assignment of a place to stay must be notified to the applicant for asylum within two days of the filing of his application; remedies must be indicated him simultaneously. The right to be heard must be previously granted to him and he should have the possibility to be represented.
The applicant may be held at the airport or, exceptionally, in another place suitable for a maximum of 60 days. If he is being an enforceable removal decision, he may be detained in a detention for the execution of the reference centre.
The SEM can then assign the applicant a canton. In other cases, the procedure at the airport applies in accordance with the art. 23, 29, 30, 36 and 37.

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
New content according to Chapter 1 of the annex to the Federal ACT of June 13, 2008 (made supplements as part of the implementation of the association to Schengen and Dublin agreements), in effect since Dec. 12. 2008 (RO 2008 5407 5405 art. 2 let. c;) FF 2007 7449).
Introduced by section 1 of the annex to the Federal ACT of June 13, 2008 (Complements made in the context of the implementation of the association to Schengen and Dublin agreements), in effect since Dec. 12. 2008 (RO 2008 5407 5405 art. 2 let. c;) FF 2007 7449).
R (EU) n 604/2013 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 Member States by a national of a third country or a stateless person (recast), OJ L 180 of the 29.6.2013 version, p. 31.
New content according to section I 2 of the AF on Sept. 26. 2014 (recovery of R [EU] n 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in effect since July 1. 2015 (2015 1841 RO; FF 2014 2587).
Introduced by section 1 of the annex to the Federal ACT of June 13, 2008 (Complements made in the context of the implementation of the association to Schengen and Dublin agreements), in effect since Dec. 12. 2008 (RO 2008 5407 5405 art. 2 let. c;) FF 2007 7449).
New content according to Chapter 1 of the annex to the Federal ACT of June 13, 2008 (made supplements as part of the implementation of the association to Schengen and Dublin agreements), in effect since Dec. 12. 2008 (RO 2008 5407 5405 art. 2 let. c;) FF 2007 7449).
Introduced by section 1 of the annex to the Federal ACT of June 13, 2008 (Complements made in the context of the implementation of the association to Schengen and Dublin agreements), in effect since Dec. 12. 2008 (RO 2008 5407 5405 art. 2 let. c;) FF 2007 7449).
New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035). See also the disp. Trans. of this mod at the end of the text.

Art. 23decisions at the airport if he refuses the entry into Switzerland, the SEM can not enter into matter on the asylum application or reject.
The decision must be notified within 20 days of the filing of the application. If the procedure is longer, the SEM assigns the applicant to a canton.

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 24 repealed by section 1 of the annex to the Federal ACT of June 13, 2008 (Complements made in the context of the implementation of the association to Schengen and Dublin agreements), with effect from Dec. 12. 2008 (RO 2008 5407 5405 art. 2 let. c;) FF 2007 7449).

Section 3 Procedure of first instance art. 25 repealed by no I of the Federal ACT of 16 Dec. 2005, with effect from Jan 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. 25aEntretien of Council prior to the opening of an asylum procedure, the SEM leads a consultation with the applicant to examine if his asylum request is in accordance with the law and sufficiently justified. If this is not the case and that the applicant withdraws its application, it is classified without a formal decision and the reference procedure is engaged. The SEM can rely on third parties to conduct these interviews.

Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 26 registration and procedure centres, phase the preparatory, Confederation creates centres registration and procedure which it entrusts management to the MIR.
The SEM can host in specific centres created and managed by the SEM or the cantonal authorities applicants who threaten public safety and order or, through their behaviour, impair significantly operating centers registration and procedure. The cantons may, under the same conditions, host in these centers the applicants assigned to them. The Confederation and the cantons participate in costs of these centres in proportion to the use they make.
The procedures for registration and procedure centers can apply to the centres referred to in para. 1 except in what concerns the filing of an application for asylum.

The preparatory phase begins with the filing of an application for asylum. It lasts more than three weeks.
During the preparatory phase, the SEM collects personal data of the applicant; as a general rule, it notes his fingerprints and the photograph. He can also grab other biometric data concerning him, build expertise to determine his age (art. 17, para. 3), check the means of proof, travel and identification documents and conduct research concerning the origin and identity of the applicant. He may, as part of a hearing, examine the applicant on his identity, on the route and summarily, on the grounds that pushed him to leave his country.
The exchange of data referred to in art. 102, art. 2 and 3, and the request or recovery in charge addressed to the State bound by a responsible association in Dublin agreements take place generally during the preparatory phase.
The SEM can entrust to third parties the task to ensure the functioning of the centres for registration and procedure and specific centres referred to in para. 1 as well as other tasks referred to in para. 2, with the exception of the hearing of the applicant. The third mandated are subject to the obligation of secrecy as well as the staff of the Confederation.
The federal Department of justice and police (FDJP) lays down provisions on registration and procedure centres in order to ensure the proper functioning and to ensure a speedy procedure.

New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Introduced by chapter I of the Federal ACT on Sept. 28. 2012 (Mod) pressing of the Federal ACT on asylum, in force from 29 sept. 2012 to Sept. 28. 2015 (2012 5359 RO; FF 2010 4035, 2011 6735) and extended to Sept. 28. 2019 by clause II of the Federal ACT on Sept. 26. 2014 (2015 2047 RO; FF 2014 2013).
Introduced by chapter I of the Federal ACT on Sept. 28. 2012 (Mod) pressing of the Federal ACT on asylum, in force from 29 sept. 2012 to Sept. 28. 2015 (2012 5359 RO; FF 2010 4035, 2011 6735) and extended to Sept. 28. 2019 by clause II of the Federal ACT on Sept. 26. 2014 (2015 2047 RO; FF 2014 2013).
Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Introduced by chapter I of the Federal ACT of 16 Dec. 2005 (RO 2006 4745, 2007 5573; FF 2002 6359). New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Introduced by chapter I of the Federal ACT on Sept. 28. 2012 (Mod) pressing of the Federal ACT on asylum, in force from 29 sept. 2012 to Sept. 28. 2015 (2012 5359 RO; FF 2010 4035, 2011 6735) and extended to Sept. 28. 2019 by clause II of the Federal ACT on Sept. 26. 2014 (2015 2047 RO; FF 2014 2013).
New term according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035). This mod has been taken throughout the text.

Art. 26Etablissement of the medical evidence immediately after the filing of their application for asylum, but at the latest hearing on the grounds for asylum under art. 36, al. 2, or to the granting of the right to be heard referred to in art. 36, al. 1, applicants are required to enforce any breach of their health which they had knowledge at the time of their application and which could prove decisive in the procedure of asylum and return.
SEM refers to the health professional responsible for performing the medical examination in connection with the damage to target health para. 1. art. 82A applies by analogy. The SEM can entrust to third parties the necessary medical tasks.
Violations of health invoked later or recorded by other health professional can be taken into account in the procedure for asylum and return if they are proven. Exceptionally, it may be sufficient that they be made plausible if the delay is excusable or, for medical reasons, no evidence can be made. The SEM can appeal to a medical consultant.

Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035). See also the disp. Trans. of this mod at the end of the text.

Art. 26aUtilisation facilities and constructions of the Confederation for the accommodation of applicants the facilities and constructions of the Confederation can be used without cantonal or municipal authority for the accommodation of asylum during three years at the most, when use change does not require an important work of transformation and that it results in no essential change in the occupation of the facility or the construction.
Are not the important work of transformation within the meaning of para. 1, in particular: a. regular maintenance work on buildings and facilities; b. the slight changes of construction; c. installation of equipment of little importance, such as sanitation or the water and electricity connections; d. installation of security constructions.

After consulting them, the Confederation announced the change in use to the canton and the commune in the centre registration and procedure at the latest 60 days before the commissioning of the installation or construction.

Introduced by chapter I of the Federal ACT on Sept. 28. 2012 (Mod) pressing of the Federal ACT on asylum, in force from 29 sept. 2012 to Sept. 28. 2015 (2012 5359 RO; FF 2010 4035, 2011 6735) and extended to Sept. 28. 2019 by clause II of the Federal ACT on Sept. 26. 2014 (2015 2047 RO; FF 2014 2013).

Art. 27 distribution between the cantons cantons agree to a distribution of the applicants.
If the cantons cannot reach an agreement, the federal Council determines, after hearing, the distribution criteria in order.
The SEM assigns the applicant to a canton (canton of attribution). In so doing, it takes into account the legitimate interests of the canton and the applicant. The applicant cannot attack this decision for breach of the principle of the unity of the family.
People whose asylum has been the subject of a decision of dismissal or was denied to the registration centre and procedure are not attributed to a canton. This rule does not include persons: a. the use has not been the subject of a decision in a reasonable after the filing of their asylum application; forgotten the source. who are the subject of a criminal prosecution or have been convicted of a felony or misdemeanour committed in Suisse.c. …

New content according to section I 2 of the Federal ACT of 19 Dec. 2003 on 2003 fiscal relief program, in effect since Apr. 1. 2004 (RO 2004 1633; FF 2003 5091).
New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Repealed by chapter I of the Federal ACT of 14 Dec. 2012, with effect from Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Introduced by section I 2 of the Federal ACT of Dec. 19. 2003 on 2003 fiscal relief program, in effect since Apr. 1. 2004 (RO 2004 1633; FF 2003 5091).

Art. 28 assignment of a place to stay and accommodation the SEM or the cantonal authorities may assign the applicant a place to stay.
They can assign a home, especially to host it in collective housing. The cantons ensure safety and, to do this, can issue provisions and measures.

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. 29 hearing on the grounds for asylum the SEM hears the applicant on his grounds for asylum: a. either in the centre registration and procedure; b. be within 20 days following the decision to award to a canton.

If necessary, the SEM appealed to an interpreter.
The applicant may be accompanied by an attorney and interpreter of their choice provided that neither one nor the other are an applicant for asylum.
The hearing is recorded in a statement. It must be signed by the persons who attended the hearing, with the exception of the representative of the charitable organisations.
The SEM can load the cantonal authority to hear herself some applicants if this measure will significantly speed up the procedure. The al. 1 to 3 are applicable.

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
Introduced by chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. 29aCollaboration to the federal establishment of the facts the Council may enter into agreements of cooperation with third countries and international organizations in order to facilitate the establishment of the facts. It can make agreements to provide for the exchange of information in order to determine the reasons that led the applicant to flee his State of origin or provenance, the route he borrowed and third States in which he stayed.


Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 30 representative of the charitable organisations the charitable organisations allowed send a representative to the hearing referred to in art. 29, unless the applicant does.
The federal Council sets the conditions for authorisation of the charitable organisations. The authorization is issued by the FDJP. The charitable organisations coordinate their presence at the hearings.
The authorities shall communicate the dates of auditions early enough to the charitable organisations. Hearing deploys its full legal effect even if the representative of the charitable organisations does not give the invitation.
The representative of the charitable organisations attended the hearing as an observer, but not as party. It confirms its participation in the hearing by a signature in the minutes and has the obligation to maintain secrecy with respect to others. He can request that be asked questions to clarify the State of affairs, suggest that further clarification be undertaken and raise objections against the minutes.

Art. 31preparation of the decisions by the FDJP cantons may decide, in agreement with the cantons, that staff of the cantonal authorities prepare decisions under the direction of the SEM and its intention.

New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 31adecisions of SEM as a general rule, the SEM is not material on an application for asylum if the applicant: a. may return in a third State course, within the meaning of art. 6, art. 2, let. b, in which it has stayed before; b. may go into a third State jurisdiction under an international agreement, to complete the procedure for asylum and return; c. may return in a third State in which it has stayed before; d. may continue his journey to a third country for which he has a visa and in which he can seek protection; e. can continue his journey to a third country in which live relatives or the people with whom he has close links; f. may be returned to his country of origin or provenance in accordance with art. 31. the al. 1, let. c-e, is not applicable when, in this case, the SEM is evidence that the State does not offer effective protection in the light of the principle of the non-refoulement referred to in art. 5, al. 1. the SEM is not material on asylum applications which do not meet the conditions set out in art. 18. This provision is particularly applicable when the asylum application is filed exclusively for economic or medical reasons.
In other cases, the SEM rejects asylum if refugee status is neither proven nor rendered probable or if there is a reason for exclusion to the senses of the art. 52 to 54.

Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Introduced by chapter I of the Federal ACT on Sept. 26. in force since July 1, 2014. 2015 (2015 1871 RO; FF 2014 3225).

Art. 31bReconnaissance of the decisions of the Dublin asylum and return the applicant States struck a decision for negative asylum with a decision of dismissal which entered into force in a State bound by one of the Dublin (Dublin State) association agreements can be returned directly to his country of origin or provenance, in accordance with the conditions laid down by the directive 2001/40/EC When: a. for an extended period, the competent State Dublin does not reference to the country of origin or provenance of the applicant; and Frenchie. in all likelihood, the dismissal of Switzerland can be executed quickly.

The SEM collects information required for execution of the referral to the competent authorities of the State concerned Dublin and should be necessary arrangements.

Introduced by chapter I of the Federal ACT on Sept. 26. in force since July 1, 2014. 2015 (2015 1871 RO; FF 2014 3225).
Directive 2001/40/EC of the Council of 28 May 2001 on the mutual recognition of expulsion decisions of nationals of third countries, OJ L 149 of the 2.6.2001, p. 34.

Art. 32 to 35 repealed by chapter I of the Federal ACT of 14 Dec. 2012, with effect from Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 35areouverture of the asylum proceedings Dublin if the Switzerland is responsible for the review of an application for asylum under the Regulation (EU) n 604/2013, the asylum procedure is reopened while the request has previously been classified.

Introduced by chapter I of the Federal ACT of 16 Dec. 2005 (RO 2006 4745; FF 2002 6359). New content according to section I 2 of the AF on Sept. 26. 2014 (recovery of R [EU] n 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in effect since July 1. 2015 (2015 1841 RO; FF 2014 2587).
CF. footnote page of art. 22, al. 1 art. 36procedure prior to a decision in the case decision of dismissal based on art. 31, art. 1, the right to be heard is given to the applicant. It is the same in the following cases: a. the applicant has misled authorities about his identity, the fraud being found on the basis of identification measures or other means of evidence; (b) the request of the applicant relies significantly on false or forged evidence; (c) the applicant has been guilty of an another serious breach of his obligation to cooperate.

In other cases, a hearing is held in accordance with art. 29. new content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 37delais about the proceedings at first instance as a rule, the decision of dismissal must be taken within five working days following the filing of the application or the approval of the State responsible for Dublin on demand transfer, to the senses of the art. 19 and 20 of Regulation (EC) 343/2003 n.
In other cases, the decision must be taken as a general rule within 10 working days following the filing of the application.

The SEM statue with particular diligence when the applicant is detained for the purpose of extradition.

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
R (EC) n 343/2003 of the Council of 18 February 2003 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 national of a third country, OJ L 50 of the 25.2.2003, p. 1.
New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Repealed by no I of the Federal ACT of 14 Dec. 2012, with effect from Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Introduced by no I 1 of the Federal ACT of 1 October. 2010 on coordination between asylum and extradition procedure, in force since April 1. 2011 (2011 925 RO; FF 2010 1333).

Art. 37aMotivation Nem decision must be reasoned summarily.

Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 37bstrategie of the MSS in processing the SEM defines a strategy of treatment of asylum applications in which it determines an order of priority. In this respect, it is particularly account of the legal time limits treatment, the situation in the States of origin of the character obviously based or no applications as well as for the behavior of applicants.

Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 38 repealed by no I of the Federal ACT of 14 Dec. 2012, with effect from Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 39Octroi of temporary protection if the information gathered at the centre registration and procedure or at the hearing clearly reveal that the applicant belongs to a group of people to protect referred to in art. 66, temporary protection is granted.

New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 40 rejection without other measures of inquiry if the hearing is clearly appear that the applicant was unable to prove his refugee status or make it likely and if no reason is opposed to his removal from Switzerland, his request was denied without other investigative measures.
The decision must be motivated at least briefly.

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. 41 repealed by no I of the Federal ACT of 14 Dec. 2012, with effect from Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 41aCoordination with the extradition proceedings when the applicant is the subject of an extradition request within the meaning of the Act of 20 March 1981 on international criminal assistance, SEM takes into account the dossier on the extradition procedure to adjudicate the claim.


Introduced by no I 1 of the Federal ACT of 1 October. 2010 on coordination between asylum and extradition procedure, in force since April 1. 2011 (2011 925 RO; FF 2010 1333).
RS 351.1 Section 4 status of the applicant for asylum art. 42sejour during the asylum procedure, anyone who submits an application for asylum in Switzerland can stay until the end of the procedure.

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. 43 authorization to exercise a lucrative activity for the first three months following the filing of his application for asylum, the applicant has not the right to exercise gainful activity. If a negative decision is made in the first instance before the expiry of this period, the canton may deny him permission to exercise a lucrative activity for three months more.
The conditions of admission to the exercise of a gainful activity are governed by the Federal law of December 16, 2005, on the foreign nationals.
Where an application for asylum has been rejected by a binding decision, authorization to exercise a lucrative activity turns off at the expiration of the time limit for the applicant to leave the country (departure time), even if this person has made use of an extraordinary legal remedy, and that enforcement of the removal has been suspended. If the SEM extends this period during the regular procedure, the exercise of a gainful activity may be authorized. Authorization to exercise a gainful activity is not granted for the duration of a procedure for asylum within the meaning of art. 111. the FDJP may, in agreement with the federal Department of the economy, training and research, empower the cantons to extend beyond the period of departure, authorizations to exercise a lucrative categories of people if the circumstances warrant it. This rule applies by analogy to asylum within the meaning of art. 111. the federal Council may issue a temporary ban to exercise a lucrative activity for certain categories of asylum.
The applicant who is authorized to exercise a lucrative activity in accordance with the provisions of the aliens police or who participates in programs of public utility occupancy does not fall under the prohibition of work.

RS 142.20 introduced by no 1 II of the appendix to the LF of 16 Dec. 2005 on foreigners, in force since Jan. 1. 2008 (RO 2007 5437, 2008 5405; FF 2002-3469).
New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Introduced by chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Section 5 enforcement removal and alternative art. 44Renvoi and temporary admission when he rejected the asylum application, or refuses to enter into, the SEM pronounced, as a general rule, the dismissal of Switzerland and directs execution; It takes into account the principle of the unity of the family. For the rest, the decision to run the dismissal is governed by art. 83 and 84 Aug.

New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
RS 142.20 art. 44 introduced by section I 2 of the Federal ACT of 19 dec. 2003 on the budgetary relief program 2003 (RO 2004 1633; FF 2003 5091). Repealed by no I of the Federal ACT of 16 Dec. 2005, with effect from Jan 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. 45 order for reference the order for reference indicates: a. the requirement for the applicant to leave the Switzerland; b. the day to have left Switzerland. If provisional admission has been ordered, the deadline for departure will be at the point where this measure will be lifted; c. the means of constraint applicable if the applicant disobeys; d. If necessary, the States in which the applicant should not be returned; e. If necessary, the measure replacing enforcement of the removal; f. the canton competent to run the reference or measure that replaces it.

The order for reference is accompanied by a reasonable period from seven to thirty days. A longer deadline or the departure deadline extended if in special circumstances such as family situation, problems of health or the duration of the stay.
The reference may be immediately enforceable or a period of less than seven days can be fixed if the applicant is returned on the basis of the association agreement in Dublin.
The applicant for asylum receives an information sheet containing explanations of the order for reference.

New content according to art. 2 No. 2 of the AF of 18 June 2010 on approval and implementation of the exchange of notes between the Switzerland and the EC regarding the resumption of the EC directive on return (directive 2008/115/EC), in force since Jan. 1. 2011 (2010 5925 RO; FF 2009 8043).
New content according to art. 2 No. 2 of the AF of 18 June 2010 on approval and implementation of the exchange of notes between the Switzerland and the EC regarding the resumption of the EC directive on return (directive 2008/115/EC), in force since Jan. 1. 2011 (2010 5925 RO; FF 2009 8043).
These agreements are mentioned in annex 1.
Introduced by art. 2 No. 2 of the AF of 18 June 2010 on approval and implementation of the exchange of notes between the Switzerland and the EC regarding the resumption of the EC directive on return (directive 2008/115/EC), in force since Jan. 1. 2011 (2010 5925 RO; FF 2009 8043).
Introduced by art. 2 No. 2 of the AF of 18 June 2010 on approval and implementation of the exchange of notes between the Switzerland and the EC regarding the resumption of the EC directive on return (directive 2008/115/EC), in force since Jan. 1. 2011 (2010 5925 RO; FF 2009 8043).

Art. 46 run by the cantons the canton of attribution is required to execute the order for reference.
For people who, under art. 27, al. 4, have not attributed to a canton, execution of the statement referred to the jurisdiction of the canton indicated in the order for reference under art. 45, al. 1, let. f. distribution of the applicants between the cantons key applies by analogy to the designation of the competent canton for enforcement of the removal.
If it turns out that enforcement of the removal is not possible, the canton asked the SEM to order temporary admission.

New content according to section I 2 of the Federal ACT of 19 Dec. 2003 on 2003 fiscal relief program, in effect since Apr. 1. 2004 (RO 2004 1633; FF 2003 5091).
Introduced by section I 2 of the Federal ACT of Dec. 19. 2003 on 2003 fiscal relief program, in effect since Apr. 1. 2004 (RO 2004 1633; FF 2003 5091).

Art. 47 place to stay unknown if the returned person is evading enforcement of the removal by concealing its place of residence, the canton or the SEM can order entry in the search of the police system.

Art. 48 cooperation between cantons if the person returned is not in the canton responsible for enforcement of the removal, the canton where she resides ready assistance to it upon request. This administrative assistance is to return the person concerned to the competent canton or directly run the reference.

Chapter 3 granting of asylum and the refugee Section 1 asylum art. 49 principle asylum is granted to people who have refugee status, if there is no reason for exclusion.

Art. 50. second asylum asylum can be granted to a refugee who has been admitted by another State and who stay legally in Switzerland without interruption for at least two years.

Art. 51 asylum granted to families the spouse of a refugee and her minor children are recognized as refugees and granted asylum, provided that no special circumstances is opposed.
If the review of the conditions of recognition of the status of refugees and the granting of asylum to the al. 1 reveals clues of an absolute cause of cancellation within the meaning of art. 105, ch. 5 or 6, of the civil code (CC), the SEM informs the authority referred to in art. 106 CC. The procedure is suspended until the decision of the authority. If it commences an action, the suspension is extended until judgment is rendered and entered in force.

The child born in Switzerland of refugee parents also gets refugee status, as long as no special circumstances is opposed.
If rights holders as defined in para. 1 were separated by the leak and lie abroad, their entry into Switzerland will be allowed on request.


New content according to section I 2 of the Federal ACT of June 15, 2012, on control measures against forced marriages, in effect since July 1. 2013 (2013 1035 RO; FF 2011 2045).
SR 210 introduced by section I 2 of the Federal ACT of June 15, 2012, on control measures against forced marriages, in effect since July 1. 2013 (2013 1035 RO; FF 2011 2045).
Repealed by no I of the Federal ACT of 14 Dec. 2012, with effect from Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Repealed by no I of the Federal ACT of 16 Dec. 2005, with effect from Jan 1. 2007 (2006 4745 RO; FF 2002 6359).

Art. 52 admission in a third State......

Repealed by no I of the Federal ACT of 16 Dec. 2005, with effect from Jan 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
Repealed by no I of the Federal ACT on Sept. 28. 2012 (MOD. urgent of the Federal ACT on asylum), with effect from 29 sept. 2012 to Sept. 28. 2015 (2012 5359 RO; FF 2010 4035, 2011 6735) and extended to Sept. 28. 2019 by clause II of the Federal ACT on Sept. 26. 2014 (2015 2047 RO; FF 2014 2013). See also the disp. Trans. of the mod on Sept. 28. 2012 the end of the text.

Art. 53 indignity asylum is not granted to a refugee who is unworthy because of wrongdoing, which has interfered with the safety inside or outside the Switzerland or threatening her.

Art. 54 subjective grounds occurring after asylum is not granted to the person who became a refugee within the meaning of art. 3 what leaving his State of origin or of provenance or due to his subsequent conduct.

Art. 55 emergencies in times of increased international tensions, in the event of armed conflict in which the Switzerland is not engaged, or when held, in time of peace, an unusual influx of asylum, the Switzerland grants asylum to refugees as long as the circumstances allow it.
The federal Council shall adopt the necessary measures. It can, in derogating from the law, adjust restrictively the conditions of asylum and the status of refugees, and enact specific procedural provisions. He shall report immediately to the Federal Assembly.
If sustainable accommodation of refugees exceeds the availability of of the Switzerland, asylum may be granted on a temporary basis until welcomed people to visit another country.
If develops in a large influx of refugees, the federal Council looking fast and effective international cooperation to ensure their distribution.

Section 2 asylum to groups of refugees art. 56 asylum decision is given to large groups of refugees by decision of the federal Council. When it comes to small groups, the decision is made by the FDJP.
SEM refers to the groups of refugees.

Art. 57 distribution and first integration Division of the refugees between the cantons is governed by art. 27. the Confederation may, within the limits of the first integration, assign to groups of refugees a temporary housing, particularly in an absorption center.

Section 3 status of refugees art. 58 principle the status of refugees in Switzerland is governed by the law applicable to foreigners, at least that prevail special provisions, including those of this Act or the Convention of 28 July 1951 relating to the status of refugees.

SR 0.142.30 art. 59 effects anyone who was granted asylum in Switzerland or are admitted provisionally in respect of refugee is considered, with respect to all federal and cantonal authorities, as a refugee within the meaning of this Act and of the Convention of 28 July 1951 relating to the status of refugees.

SR 0.142.30 art. 60reglement of residence conditions anyone got asylum in Switzerland is entitled to a residence permit in the canton where he remained legally.
The granting of the authorization of the school is governed by art. 34 Aug.

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
RS 142.20 new content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 61 lucrative anyone who was granted asylum in Switzerland or are admitted provisionally as a refugee is allowed to exercise a lucrative activity and change of employment and profession.

Art. 62 reviews for the health professions the refugee to which the Switzerland granted asylum is allowed to stand for Federal examinations for the medical professions; the federal Department of the Interior sets the conditions for admission.

Section 4 end of asylum art. 63 revocation the SEM revoke asylum or withdraws refugee status: a. If foreign obtained asylum or recognition of his refugee status by making false statements or by concealing material facts; (b) for the reasons referred to in art. 1, section C, point 1 to 6, of the Convention of 28 July 1951 relating to the status of refugees.

The SEM revoke asylum if the refugee has undermined safety inside or outside of the Switzerland, he undermines them or if he has committed particularly reprehensible criminal acts.
Revocation of refugee status or the withdrawal of refugee status are deploying their effects against all federal and cantonal authorities.
Revocation of refugee status or the withdrawal of refugee status extend to the spouse and children.

RS 0.142.30 rectified by the CdR of the SSA. fed. (art. 33 LREC;) 1974 1051 RO).
New content according to section I 2 of the Federal ACT of June 15, 2012, on control measures against forced marriages, in effect since July 1. 2013 (2013 1035 RO; FF 2011 2045).

Art. 64 extinction asylum in Switzerland ends: a. when the refugee has stayed more than a year abroad; b. If the refugee was obtained from another country asylum or permission to stay home; c. when the refugee renounces; d. by executing the removal or expulsion.

In certain circumstances, the SEM can extend the deadline of the al. 1, let. a. refugee and asylum end when abroad acquires Swiss nationality in accordance with art. 1, section C, point 3, of the Convention of 28 July 1951 relating to the status of refugees.

New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
RS 0.142.30 introduced by chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. 65Renvoi or expulsion the removal or expulsion of a refugee is governed by art. 64 Aug in relationship with the art. 63, al. 1, let. b, and 68 Aug. Art. 5 is reserved.

New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
RS 142.20 Chapter 4 grant of provisional protection and status of individuals to protect Section 1 General art. 66 decision in principle of the federal Council the federal Council decides if the Switzerland grant temporary protection to groups of people to protect in accordance with art. 4 and according to what criteria.
Before taking its decision, it consults representatives of the cantons, some charitable organisations and, where appropriate, other non-governmental organizations, as well as the United Nations High Commissioner for refugees.

Art. 67 foreign policy the granting of temporary protection measures as well as measures and assistance implemented in the State of origin or in the State or the region of origin of the persons to be protected must be completed as far as possible.
The Confederation collaborates with the State of origin or of provenance, with other host countries and with international organizations, to create the conditions for the departure without danger of the people to protect.

Section 2: Procedure art. 68 people to protect located abroad the SEM defines more precisely the Group of people to protect and decides who can benefit from temporary protection in Switzerland. It takes into account the principle of the unity of the family.
His decision may be challenged for breach of the principle of the unity of the family.


Repealed by no I of the Federal ACT on Sept. 28. 2012 (MOD. urgent of the Federal ACT on asylum), with effect from 29 sept. 2012 to Sept. 28. 2015 (2012 5359 RO; FF 2010 4035, 2011 6735) and extended to Sept. 28. 2019 by clause II of the Federal ACT on Sept. 26. 2014 (2015 2047 RO; FF 2014 2013). See also the disp. Trans. of the mod on Sept. 28. 2012 the end of the text.

Art. 69 people to protect lying at the border or in Switzerland the art. 18, 19 and 21 to 24 shall apply by analogy to applications filed by persons to protect at the border or in Switzerland.
When there is no clearly persecution within the meaning of art. 3, the SEM determines, once the people were interviewed at the Center registration and procedure in accordance with art. 26, those who belong to a group of people to protect and those who can benefit from temporary protection in Switzerland. The granting of temporary protection may not be attacked.
When the temporary protection has been granted, the examination of a possible procedure request in recognition of refugee status is suspended.
If the SEM wants to deny provisional protection to a person who filed an asylum application, he continued without waiting for the procedure to consideration of this application or the reference procedure.

Rectified by the CdR of the SSA. fed. (art. 33 LREC;) 1974 1051 RO).

Art. 70 reopening of the procedure in recognition of refugee status


People to protect who have filed an application for recognition of refugee status cannot reopen this procedure five years after the decision of suspension made under art. 69, al. 3. the resumption of this procedure leads to the lifting of temporary protection.

Art. 71 granting provisional protection to families temporary protection is also granted to the spouse of the person to be protected and for his minor children: a. If they ask all the Switzerland protection and that there is no grounds for exclusion in the sense of art. 73; (b) if the family was separated by the events referred to in art. 4, that it intends to meet in Switzerland and that no special circumstances objects.

If the review of the conditions of the granting of temporary protection defined in para. 1 reveals clues of an absolute cause of cancellation within the meaning of art. 105, ch. 5 or 6, CC, SEM shall inform the authority referred to in art. 106 CC. The procedure is suspended until the decision of the authority. If it commences an action, the suspension is extended until judgment is rendered and entered in force.
The child born in Switzerland of persons to protect also receives temporary protection.
If rights holders are abroad, their entry into Switzerland is allowed.
The federal Council sets the terms of reunification in other cases.

New content according to section I 2 of the Federal ACT of June 15, 2012, on control measures against forced marriages, in effect since July 1. 2013 (2013 1035 RO; FF 2011 2045).
SR 210 introduced by section I 2 of the Federal ACT of June 15, 2012, on control measures against forced marriages, in effect since July 1. 2013 (2013 1035 RO; FF 2011 2045).

Art. 72 Moreover, the provisions of sections 1 and 3 of Chapter 2 apply by analogy to the procedures defined in art. 68, 69 and 71.

Art. 73 reasons for excluding temporary protection is not granted to the person who falls under art. 53, which has infringed the order and public safety or affecting them seriously.

Section 3 status art. 74 residency requirements regulations to protect lives in the canton to which she was assigned.
If, after five years, the federal Council has still not lifted temporary protection, the protected person receives from this canton a residence permit which ends at the point where the protection is lifted.
Ten years after the granting of temporary protection, the canton may issue a permission to the protected person.

Art. 75 authorization to exercise a lucrative activity during the first three months following its entry into Switzerland, the person doesn't have the right to exercise gainful activity. After this period, the conditions of admission to the exercise of a gainful activity are governed by the Aug.
The federal Council may enact less strict conditions as to the exercise of a gainful activity by people to protect.
Permissions to exercise a lucrative activity issued are maintained.
People of concern who are authorized to exercise a lucrative activity in accordance with the provisions of the aliens police or who participate in occupation of public utility programs do not fall under the prohibition of work.

RS 142.20 new content of the sentence according to No 1 II of the annex to the LF of 16 Dec. 2005 on foreigners, in force since Jan. 1. 2008 (RO 2007 5437, 2008 5405; FF 2002-3469).

Section 4 end of the temporary protection and return art. 76 lifting of temporary protection and the federal Council reference stop, after consulting with representatives of the cantons, some charitable organisations and, where applicable, other non-governmental organizations, the Office of the High Commissioner of the United Nations for refugees and international organizations, the date of the lifting of temporary protection to certain groups of people to protect. It is a general ruling.
The SEM gives the right to be heard to those affected by the decision under the al. 1. If the exercise of the right to be heard reveals clues of persecution, a hearing took place in application of art. 29. If, having been granted to be heard, the person concerned does not take a position, the SEM makes a removal decision. The art. 10, al. 4, and 46 to 48 of the Act, as well as art. 71 Aug apply by analogy to enforcement of the removal.

New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
RS 142.20 new content according to section II 1 of the appendix to the LF of 16 Dec. 2005 on foreigners, in force since Jan. 1. 2008 (RO 2007 5437, 2008 5405; FF 2002-3469).

Art. 77 return Confederation supports efforts at the international level to arrange the return of the people to protect.

Art. 78 revocation the SEM can revoke the interim person protection: a. who obtained by making false statements or concealing facts essential; b. who has infringed the safety inside or outside Switzerland, threatening them or who committed wrongdoing; c. which has, since the granting of temporary protection, stayed long or repeatedly in the State of origin or provenance; (d) who has a permission of stay regular issued by a third State in which it can return.

Temporary protection is not revoked if the person goes to his State of origin or provenance with the agreement of the competent authorities.
The revocation of provisional protection does not to the spouse and children, unless it turns out that they do need to be protected.
When he is expected to revoke temporary protection, a hearing took place in application of art. 29 and 30.

New content according to section I 2 of the Federal ACT of June 15, 2012, on control measures against forced marriages, in effect since July 1. 2013 (2013 1035 RO; FF 2011 2045).

Art. 79Extinction temporary protection ends when the person transfers his center of life in another country, renounce the provisional protection or has received approval of the school under the LEtr.

New content according to section II 1 of the appendix to the LF of 16 Dec. 2005 on foreigners, in force since Jan. 1. 2008 (RO 2007 5437, 2008 5405; FF 2002-3469).
RS 142.20 art. 79aPartenariat recorded the provisions of the chapter 3 and 4 regarding spouses apply by analogy to registered partners.

Introduced by section I 2 of the Federal ACT of June 15, 2012 on measures to combat forced marriages, in effect since July 1. 2013 (2013 1035 RO; FF 2011 2045).

Chapter 5 welfare and emergency Section 1 provision of social assistance benefits, assistance for emergency and allowances for children art. 80competence social assistance or emergency assistance is provided to people who stay in Switzerland under this Act by the canton to which they have been assigned. Regarding people who have not been assigned to a canton, emergency assistance is provided by the canton designated to run the reference. The cantons may delegate all or part of this task to third parties, including the charitable organisations authorized in accordance with art. 30, al. 2. as long as the persons stay in a Center registration and procedure or a centre of integration for groups of refugees, social assistance is provided by the Confederation. The latter may entrust all or part of this task to third parties. Art. 82A applies by analogy to medical assistance.

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 81Droit to social assistance or emergency help the people who are staying in Switzerland under this Act and who cannot meet their maintenance on their own social assistance necessary, unless a third party is required to provide under a legal or contractual obligation, or emergency assistance, provided that they do demand.

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. Social 82Aide and emergency assistance the granting of social assistance and emergency aid is governed by cantonal law. People with a binding removal decision which in a time of departure are excluded from the social assistance system.
During the proceedings opened by an extraordinary legal process or in the procedure for asylum within the meaning of art. 111, the persons referred to in para. 1 and applicants receive, on request, emergency aid. This rule is also applicable when the execution of the reference is suspended.
Social assistance applicants and to protect those who do not benefit from a residence permit must be provided, insofar as possible, in the form of benefits in kind. It is less than that granted to persons residing in Switzerland.

Emergency aid is granted to the extent possible in the form of benefits in kind to sites designated by the cantons or Confederation. It is less than social assistance applicants and people to protect that do not to a residence permit.
The special situation of refugees and to protect people who are entitled to a residence permit will be taken into account; their social, professional and cultural integration will be particularly facilitated.

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 82aAssurance-disease for applicants for asylum and protection who are not holders of a residence permit Medicare to asylum and to protect people who are not holders of a residence permit must be subject to the following provisions, adapted under those of the Federal law of 18 March 1994 on health insurance (KVG).
The cantons may restrict applicants for asylum and the persons to be protected are not holders of a residence permit in the choice of their insurer and designate their intended one or several insurers offering a special form of insurance under art. 41, al. 4, lAMal.
They may limit the applicants for asylum and the persons to be protected are not holders of a residence permit in the choice of service providers set out in art. 36 to 40 LAMal. They can do so before having nominated an insurer within the meaning of para. 2. they may designate one or several insurers offering asylum and to protect people who are not holders of a residence permit with a choice insurance limited suppliers of services within the meaning of art. 41, al. 4, lAMal.
The federal Council shall regulate the terms to limit the choice of service providers.
The cantons and insurers may agree to the removal of the cost-sharing referred to in art. 64, al. 2, lAMal.
Asylum and to protect people who are not holders of a residence permit to see their right to a reduction in the premiums referred to in art. 65 KVG suspended as long as they receive partial or total social assistance. The right is reborn when they are recognized as refugees, or that they enjoy more social assistance, or that, regarding the persons to be protected, they are entitled to a residence permit.

Introduced by section II of the LF of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4823, 2007 5575; FF 2002 6359).
RS 832.10 art. 83 limitations of social assistance benefits social assistance as well as the benefits referred to in art. 82, al. 3, are denied, entirely or partially, reduced or eliminated if the recipient: a. has obtained them or sought to obtain them by making inaccurate or incomplete statements; b. refuses to inform the competent service on its economic situation or does not allow it to ask for information; c. does not communicate the essential changes of location; d. clearly does no effort to improve its situation , refusing such work or suitable accommodation which have been attributed to him; e. Cancel, without reference to the relevant Department, an employment contract or lease or causes this termination, thereby exacerbating his situation by his fault; f. is a misuse of the social assistance g. does conform to the orders of the competent Department, although it has threatened to remove social assistance benefits him; h. threatens the security and order public; i. the subject a lawsuit or a criminal conviction; j. is guilty of a serious breach of his duty to cooperate, including refusing to identify himself; k. endangers the order and security contrary to the injunctions of the collaborators of the procedure of asylum or the housing officials.

The al. 1 apply to refugees as far as equality of treatment with persons residing in Switzerland is assured.
Social assistance benefits received unduly must be reimbursed. The amount may be deducted from future social assistance benefits. Canton asserted the right to reimbursement. Art. 85, al. 3, shall apply.

New term according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359). This mod has been taken throughout the text.
New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Introduced by chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. 83aOctroi of emergency assistance the person concerned must collaborate in execution of the order for reference binding when it is lawful, reasonably required and possible, as well as to the investigation to determine whether the conditions for granting emergency aid are met.

Introduced by chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. 84Allocations for children for applicants whose children live abroad, the allowances are held during the duration of the procedure. They are paid when the applicant is recognized as a refugee or admitted on a provisional basis within the meaning of art. 83, al. 3-5, Aug.

New content according to section IV 1 of the appendix to the LF of 16 Dec. 2005 on foreigners, in force since Jan. 1. 2008 (RO 2007 5437, 2008 5405; FF 2002-3469).
RS 142.20 Section 2 Obligation to repay and special tax art. 85 obligation to refund insofar as one can require, social aid, starting and running costs, as well as the costs of the appeal proceedings, must be repaid.
Confederation asserted the right to the refund. The Department may delegate this task to the cantons.
The right to the refund prescribed by one year from the day where the competent authority had knowledge, but in all cases by ten years from the birth of this right. These claims carry no interest.
The federal Council stipulates the details and defines exceptions to the obligation to reimburse the costs.

New term according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. Special 86Taxe applicants and people to protect who are not holders of a residence permit and are engaged in gainful activity are required to reimburse the costs referred to in art. 85, al. 1 (special tax). The special tax to cover all of the costs incurred by these people and the relatives that they attend. The cantonal authority shall submit the granting of work permits to the payment of the special tax.
The special tax may not exceed 10% of the income of the person concerned. The employer the deducted directly from income and pays it to the Confederation.
Stakeholders are subject to this tax for ten years from the beginning of their first gainful activity in Switzerland.
The federal Council shall regulate the terms and conditions. It notably fixes the amount of the special tax and enacts provisions regarding the terms of payment and collection procedures. In particular, it can provide people with low income from the obligation to fulfil.
The Confederation may entrust to third parties the tasks related to the perception of the special tax.

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. 87Saisie of the assets the applicants and to protect people who are not holders of a residence permit must declare their assets not originating in a lucrative income.

The competent authorities may enter these values in order to ensure the repayment of costs in the sense of art. 85, al. 1, if the applicants or to protect people who are not holders of a residence permit: a. fail to prove that the assets come a lucrative activity, a substitution income or social assistance benefits; b. fail to prove the origin of values; OUC. are able to prove the origin of the assets, but that their value exceeds the amount fixed by the federal Council.

The federal Council determines to what extent the seizure of the assets reduced the duration of the current obligation or future pay the special tax.
The assets of a claimant who is subject to the special tax can be entered.
On request, the seizures are fully returned if the applicant or the person leaves Switzerland on a regular basis in the seven months following the filing of his application for asylum or his application for interim protection.

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Chapter 6 grants Federal art. 88indemnites lump sum the Confederation pays flat-rate compensation to the cantons for the costs resulting from the application of this Act. These allowances do not include federal contributions referred to in art. 91 to 93.
The allowances for applicants and to protect people who are not holders of a residence permit includes welfare and compulsory health insurance costs and include a contribution to framing costs.
The allowances for refugees and to protect people who are holders of a residence permit covers the costs of social assistance and include a contribution to framing costs and administrative costs. They are paid for five years from the filing of the application for asylum.
The allowances for people who are allowed only with the help of emergency referred to in art. 82 are compensation for the costs of emergency assistance.


New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Repealed by no I of the Federal ACT of 14 Dec. 2012, with effect from Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 89Fixation of the allowances the federal Council fixed the amount of the allowances against the likely costs calculated at the fair.
It defines the form of the allowances as well as the duration and the conditions for their award. It may in particular: a. set the allowances based on the status of the applicants and the duration of their stay in Switzerland; b. modulate the allowances depending on the Canton depending on their fees.

The SEM can do depend on the payment of a portion of the allowances of socio-political objectives.
The allowances are regularly adapted to the higher prices and are reviewed as needed.

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. 89aObligation to beneficiaries of grants the SEM can oblige the cantons meet and put at its disposal, or to be entered into the central information system on migration (SYMIC), the data necessary for financial supervision as well as to the determination and the adaptation of the financial compensation paid by the Confederation to the title of the art. 88 and 91, al. 2, of this Act and the art. 55 and 87 Aug.
The SEM can reduce financial compensation of the canton that is fulfilling that duty or fix them based on the available data.

Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
RS 142.20 art. 90 collective housing finance the Confederation may finance all or part of construction, the processing or the development of the collective housing in which the authorities host people who stay in Switzerland on the basis of this Act.
The federal Council sets the procedure to do this, stop the property requirements in detail and ensures that buildings use is consistent with the intended purpose.
It determines how the direct financing of housing by the Confederation may be inferred from the packages.

Art. 91. other contributions and...
The Federal Government pay a one-off contribution to the administrative costs of the applicants for asylum and the persons to be protected are not holders of a residence permit to the cantons.
The Confederation may grant to the cantons in which there are registration and procedure centers or a specific Center referred to in art. 26, al. 1, a flat-rate contribution for security costs.
It can provide grants to institutions that support traumatized people staying in Switzerland on the basis of this Act.

The Confederation may grant contributions intended for the realisation of programmes of occupation for people staying in centres registration and procedure of Confederation or a specific Center referred to in art. 26, al. 1A this effect, she concludes mandated service agreements with the cantons and communes in which these centres or with third parties.

She reimburses the cantons personnel costs that they incur during the preparation of the decisions referred to in art. 31. it may, in the context of international cooperation referred to in art. 113, subsidies to organizations that develop projects of international scope or to international organizations.
The federal Council sets the conditions and regulates the procedure of payment and count of subsidies.

Repealed by chapter I of the Federal ACT of 16 Dec. 2005, with effect from Jan 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
Introduced by chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
Introduced by chapter I of the Federal ACT on Sept. 28. 2012 (Mod) pressing of the Federal ACT on asylum, in force from 29 sept. 2012 to Sept. 28. 2015 (2012 5359 RO; FF 2010 4035, 2011 6735) and extended to Sept. 28. 2019 by clause II of the Federal ACT on Sept. 26. 2014 (2015 2047 RO; FF 2014 2013).
Repealed by no I of the Federal ACT of 14 Dec. with effect from Jan 1, 2012. 2014 (RO 2013 4375, 5357; FF 2010 2011 6735, 4035).
Introduced by chapter I of the Federal ACT on Sept. 28. 2012 (Mod) pressing of the Federal ACT on asylum, in force from 29 sept. 2012 to Sept. 28. 2015 (2012 5359 RO; FF 2010 4035, 2011 6735) and extended to Sept. 28. 2019 by clause II of the Federal ACT on Sept. 26. 2014 (2015 2047 RO; FF 2014 2013).
Repealed by no I of the Federal ACT of 16 Dec. 2005, with effect from Jan 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. 92 charges of entry and departure Confederation can defray costs of entry and departure of refugees and people to protect.
If these people are destitute, she pays costs of departure of the applicants, persons whose application for asylum has been rejected or has been the subject of a dismissal decision or who removed it as well as Returnees after the lifting of protection interim.
It may pay to the cantons of subsidies for the expenses which are directly related to the organisation of the departure.
In the context of the application of the Dublin association agreements, Confederation may pay to the cantons of subsidies for the expenses which are directly related to the transfer of people in Switzerland.
The federal Council sets the conditions and regulates the procedure of payment and count of subsidies. If possible, set packages.

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
These agreements are mentioned in annex 1.
Introduced by section 1 of the annex to the Federal ACT of 20 June 2014 (Violation of the duty of care and the duty to report by air transport companies; information systems), in force from 1 oct. 2015 (2015 3023 RO; 2013 2195 FF).

Art. 93Aide to return and prevention of irregular migration the Confederation provides assistance for the return. To this end, it may provide the following:

a. the funding partial or full consulting services for return; (b) the partial or full of projects, in Switzerland, funding to maintain the ability of individuals to return; c. partial or full program funding made in the State of origin or provenance of those concerned or in a third State and to facilitate and carry out their return repatriation and reintegration (programs abroad); d. grant, as the case may be, intended to facilitate the integration of stakeholders or to provide them with financial aid, during a limited period of medical care in their State of origin or of provenance or in a third State.

Programs abroad can also aim to prevent irregular migration. Programs aimed at preventing irregular migration are those who contribute to reduce short-term risk of a primary or secondary migration in Switzerland.
Assistance to return, the Confederation can collaborate with international organizations and establish a coordination office.
The federal Council sets the conditions and regulates the procedure of payment and contributions count.

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. 94 the charitable organisations grants the Confederation may pay grants to the umbrella organization of the charitable organisations allowed for administrative costs.
The charitable organisations authorized receive a lump sum for their participation at the hearing provided for in art. 30. the federal Council determines the amount of subsidies provided for in para. 1 and of the fixed allowance mentioned in para. 2 art. The Confederation 95Surveillance checks that his contributions are used in accordance with the law on subsidies, they allow to achieve the goal in which they have been allocated and counts are established correctly. It can also assign this task to a third party and appeal to the cantonal finance controls.
Recipients of federal contributions are required to ensure the transparency of their organization and to provide all data, including key figures relating to their expenses and revenues in the field of asylum.
Federal control of the finances, the SEM and cantonal finance controls their supervision on the financial management in accordance with the applicable provisions. They determine how to proceed, coordinate their activities and exchange the information they hold.

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Chapter 7 treatment of personal data Section 1 principles art. 96Traitement of personal data insofar as requires it the fulfillment of their legal mandate, SEM, use authorities and private organizations in charge of tasks under this Act can treat or do treat personal data to an applicant or a person to protect and their relatives, including sensitive or profiles of personality data as defined in art. 3, let. c and d, of the Federal law of June 19, 1992, on the protection of data (LPD).
The data necessary for the fight against the black can be provided by the authorities referred to in para. 1 in accordance with the art. 11 and 12 of the Act of 17 June 2005 on the black.

New content according to art. 3 No 2 of the AF on Dec. 17. 2004 on the approval and implementation of the bilateral association agreements to the Schengen and the Dublin space, in effect since Dec. 12. 2008 (RO 2008 447 5405 art. 1 let. a; FF 2004 5593).
RS 235.1 RS 822.41 introduced by section 2 of the annex to the Federal ACT of 17 June 2005 on the black, in force since Jan. 1. 2008 (2007 359 RO; FF 2002 3371).

Art. 97 communication of personal data to the State of origin or provenance shall provide to the State of origin or provenance of the personal data relating to an applicant, a recognized refugee or a person to be protected when this communication would endanger the person or his relatives. Similarly, it is forbidden to disclose information relating to an asylum application.
The authority to organise the departure of the person concerned can make contact with his State of origin or provenance in order to obtain the travel documents necessary for enforcement of the removal if refugee status has not been recognized in the first instance.
For the execution of the reference in the State of origin or provenance, the authority responsible for organizing the departure can communicate the following data to foreign authorities: a. data personal (name, first name, aliases, date and place of birth, sex, nationality, last known address in the State of origin or provenance) of the person concerned and, as far as they are necessary for his identification , the personal data of relatives; (b) information relating to the passport or other identification documents c. digital fingerprints, photographs and other biometric data; d. data on other documents identifying the person concerned; e. indications on the State of health of the person, provided that it is in his interest; (f) any other data needed for ensure the entry of the person concerned in the State of destination and to ensure the safety of escort officers; g. indications on the criminal proceedings provided that, in the present case, the readmission procedure and the maintenance of order and security require it and consequently no danger for the person concerned; public in the State of origin art. 2 of the Act of 20 March 1981 on international criminal assistance shall apply by analogy.

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2007 (2006 4745 RO; FF 2002 6359).
New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2007 (2006 4745 RO; FF 2002 6359).
RS 351.1 new content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. 98 communication of personal data to third States and international organizations for execution of this Act, the SEM and appeal authorities are allowed to provide personal data to foreign authorities and international organizations in charge of tasks in this context, as long as the State or international organization in question ensure equivalent protection of the data transmitted.
The following personal data may be disclosed: a. data personal (name, first name, aliases, date and place of birth, sex, nationality, last known address in the State of origin or provenance) of the person concerned and, as far as they are necessary for his identification, personal data of relatives; (b) information relating to the passport or other identification documents; c. fingerprints digital , photographs and other biometric data possible; d. data on other documents identifying the person; e. indications on the State of health of the person, provided that it is in her interest; (f) any other given necessary to ensure the entry of the person in the receiving State and to ensure the safety of escort officers; g. information on routes by the person as well as to its places to stay; h. information relating to residence permits and visas granted; i. information relating to an asylum application (place and date of filing, the procedure brief information on the content of a possible decision).

New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 55992007 5573, 2007 5573; FF 2006 7351).

Art. 98acooperation with the SEM prosecution authorities or the federal administrative court shall forward to the competent prosecution authorities information and evidence concerning the applicant strongly suspected of having violated international law, including by committing a crime against peace, a war crime or a crime against humanity, by participating in a genocide or practicing torture.

Introduced by no I 3 of the O of the SSA. fed. Dec 20. 2006 concerning the adaptation of legal acts to the disp. of the Federal ACT on the TF and the LF on the TAF, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. biometric 98bdonnees the competent authorities can process the biometric data of an applicant for asylum or a person to protect in order to establish his identity.
The SEM can delegate to third parties the processing of biometric data. It ensures that third-party mandated respect the applicable provisions on protection of data and computer security.
The federal Council sets the biometric data that can be identified and in regulates access.

Introduced by chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Introduced by section 1 of the annex to the Federal ACT of June 13, 2008 (Complements made in the context of the implementation of the association to Schengen and Dublin agreements), in effect since Dec. 12. 2008 (RO 2008 5407 5405 art. 2 let. c;) FF 2007 7449).

Art. 99 fingerprints and photographs will be taken photographs and fingerprints of all fingers of every applicant for asylum or person to protect. The federal Council may provide for exceptions for minors of less than 14 years.
Fingerprints and photographs are stored in a database managed by the federal Office of police and the SEM, without mention of the personal data of the person concerned.
Identified fingerprints are compared with those that have been registered by the federal Office of police.
If the federal Office of police finds new fingerprints are consistent with previously recorded tracks, it informs the SEM and the cantonal police authorities concerned, as well as the border guard by mentioning the personal data of the person concerned (name, first name, aliases, date of birth, sex, reference number, personal number, nationality, number of process control and canton to which he is assigned). If it is data captured by the police, it indicates Moreover, in coded form, the date, the place and the pattern of the fingerprint examination.
The SEM uses these data in order to: a. verify the identity of the person concerned; b. check that the person concerned has not already applied for asylum; c. check if there is data that confirm or invalidate the statements of the person concerned; d. check if there is data that cast doubt on the possibility for the person concerned to receive asylum; e. facilitate administrative assistance between the MIR and the police authorities.

It is forbidden to communicate abroad the personal data transmitted under para. 4 without the agreement of the master of the file. Art. 6, al. 1, of the Federal Act of 19 June 1992 on data protection applies by analogy.
The data is destroyed: a. If asylum is granted; b. ten years at the latest after the rejection in force, after the withdrawal or the classification of a request asylum or after a decision of dismissal; c. for people to protect, ten years at the latest after the lifting of temporary protection.

New content according to art. 3 No 2 of the AF on Dec. 17. 2004 on the approval and implementation of the bilateral association agreements to the Schengen and the Dublin space, in effect since Dec. 12. 2008 (RO 2008 447 5405 art. 1 let. a; FF 2004 5593).
New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
New content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
RS 235.1 new content according to chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Section 1asysteme of information for registration and procedure centres and housing in airport art. 99A principles SEM operates an information system for registration and procedure centres and housing in airports (MIDES).
The MIDES is used: a. to deal with personal data on applicants for asylum and people to protect, including sensitive data and personality profiles, as defined in art. 3, let. c and d, of the Federal law of June 19, 1992, on the protection of data; b. to control Affairs, to lead the asylum procedure, plan and arrange the accommodation.

It contains the following personal data: a. data on the identity of the person registered, i.e. the name, first name, sex, date and place of birth, nationality, ethnicity, religion, marital status, address, the name of parents; b. minutes of the summary hearings conducted in centres registration and procedure and in airports in accordance with the art. 22, al. 1, and 26, al. 2 c. of biometric data; d. details of housing; (e) the status of the file.

The personal data listed in para. 3, let. a and e, are included in the central information system on migration (SYMIC).
Applicants for asylum and the persons to be protected are particularly informed about the purpose of the processing for which the data are collected and the categories of recipients of the data.

RS 235.1 art. 99b data in the MIDES have access to the MIDES, for as far as this is necessary for the performance of their tasks: a. employees of SEM; b. the authorities within the meaning of art. 22, al. 1; c. the third mandated within the meaning of art. 99. art. 99 c third party mandated the SEM can allow third-party charges to collect biometric data, maintain security or to ensure the administration and supervision in registration and procedure centres and airports to deal with housing in the MIDES personal data to the senses of the art. 99, art. 3, let. a, c, and d.
It shall ensure that third-party mandated respect the data protection and security requirements.

Art. 99 d monitoring and enforcement the SEM is responsible for the safety of MIDES and the lawfulness of the processing of personal data.
The federal Council regulates: a. the Organization and operation of MIDES; b. the catalogue of personal data to be addressed; c. access rights; d. protection technical and organizational measures to prevent any unauthorized processing; e. the duration of data retention; f. archiving and destruction of the data at the end of shelf life.

Section 1 b other art information systems 100systeme of authorities of recourse of appeal information manage an information system to record the appeals lodged with them, control the Affairs and statistics.
This system may contain sensitive data and profiles of personality as far as the accomplishment of the tasks provided for by the law is dependent on.
Incorrect data should be corrected automatically. The person who is the source of these errors because it failed in its duty to co-operate may be charge the costs resulting from the correction.

New content according to art. 18 No 2 of the Federal ACT of 20 June 2003 on the common information system in the field of foreigners and asylum, in force since May 29, 2006 (RO 2006 1931; FF 2002 4367).
New content according to the annex to the Federal ACT of 18 June 2010 (control automated information system at the borders, document advisers, MIDES), in force since Jan. 1. 2011 (2010 5755 RO; FF 2009 8043).
Introduced by chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. 101 repealed by no I of the Federal ACT of 14 Dec. 2012, with effect from Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. In collaboration with the federal administrative court, 102 information and documentation the SEM system operates a system of information and automated documentation. This system contains information and documents from various data banks and on the tasks of the SEM and the federal administrative court. If necessary, the personal data contained in the texts can also be entered, including information about the identity of a person, sensitive data and personality profiles.
Only employees of the SEM and the federal administrative court have access to databases containing sensitive data and personality profiles.
Access to databases that contain mainly technical information from public sources by an appeals procedure may be granted, on request, to external users.
The federal Council shall regulate the terms and conditions, including access to the system and the protection of personal data stored.

New content according to Chapter 4 of the annex to the Federal ACT of 17 June 2005 on the TAF, in force since Jan. 1. 2007 (RO 2006 2197 1069; FF 2001-4000).
New content according to Chapter 4 of the annex to the Federal ACT of 17 June 2005 on the TAF, in force since Jan. 1. 2007 (RO 2006 2197 1069; FF 2001-4000).

Art. 102aStatistiques on social assistance recipients so that the SEM can manage the compensation paid to the cantons, the federal statistical Office regularly passes anonymous and aggregated data relating to individuals subject to the legislation on asylum receiving social assistance benefits.

Introduced by chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Section 2Traitement data as part of the Dublin art association agreements 102A Eurodac as part of the implementation of the agreements of association in Dublin, the SEM is responsible for the data exchange with the central unit of the Eurodac system.
SEM sends the following data to the central unit within 72 hours of the filing of the application:

a. the place and the date of the filing of the application for asylum in Switzerland (b) the sex of the applicant; c. fingerprints pursuant to art. 99, al. 1; d. the date to which fingerprints were identified; (e) the reference number assigned by the Switzerland to fingerprints; (f) the date on which the data was transmitted to the Central Unit; g. the identification code of the operator.

If the capture of fingerprints is impossible due to the State of the fingers of the person concerned, they must be delivered to the central unit within 48 hours after a seizure of quality is possible again. If the seizure is impossible due to the State of health of the person or the public health measures, the fingerprints must be transmitted to the central unit within 48 hours after the reason for preventing disappeared.
If technical problems prevent the transmission of the data, an additional period of 48 hours is granted in order to implement the planned measures to ensure the functioning of the system.
The SEM also passes the following data to the central unit: a. in the case of support for a person under Regulation (EU) n 604/2013: the date at which she arrived in Switzerland; (b) in the case of resumption in charge of a person under Regulation (EU) n 604/2013: the date at which she arrived in Switzerland; c. where there is evidence that an applicant , which the request must be processed by the Switzerland under the Regulation (EU) n 604/2013, has left more than three months the territory of States bound by one of the association agreements in Dublin: his departure date; d. after execution of the reference: the reference date or the date to which the applicant has left the territory of the States bound by one of the association agreements in Dublin; e. If the Switzerland becomes voluntarily , by making use of the clause of sovereignty of Regulation (EU) n 604/2013, the Dublin State responsible to process the request: the date on which this decision was made.

The transmitted data are stored in the Eurodac database and then compared automatically with the data already stored in it. The result of the comparison is communicated to the MIR.
The central unit automatically destroys the data ten years after the record of fingerprints. If a person whose the Switzerland transmitted the data in Eurodac Gets the nationality of a State bound by one of the association agreements in Dublin before the expiry of this period, SEM is seeking the central unit the early destruction of the data of the person concerned as soon as he has knowledge of this fact.

CA. October 26. 2004 between the Switzerland and the EC European on the criteria and mechanisms for determining the State responsible for the examination of an application for asylum in a Member State or in Switzerland (RS 0.142.392.68); Prot. Feb 28. 2008 at HQ. Association in Dublin on the participation of Denmark in this Ac (RS 0.142.393.141); CA. Dec. 17. 2004 between the Switzerland, the Iceland and Norway on the implementation, application and development of the Schengen and on the criteria and mechanisms for determining the State responsible for the examination of an application for asylum in Switzerland, Iceland or Norway (RS 0.362.32).
New content according to point 2 of the annex to the AF Sept. 26. 2014 (taken from the [EU] R n 603/2013 relative to the establishment of Eurodac and changing the [EU] R n 1077/2011 establishing the IT Agency), in force since July 20. 2015 (2015 2323 RO; FF 2014 2587).
Introduced by section 2 of the annex to the AF on Sept. 26. 2014 (taken from the [EU] R n 603/2013 relative to the establishment of Eurodac and changing the [EU] R n 1077/2011 establishing the IT Agency), in force since July 20. 2015 (2015 2323 RO; FF 2014 2587).
Introduced by section 2 of the annex to the AF on Sept. 26. 2014 (taken from the [EU] R n 603/2013 relative to the establishment of Eurodac and changing the [EU] R n 1077/2011 establishing the IT Agency), in force since July 20. 2015 (2015 2323 RO; FF 2014 2587).
Regulation (EU) n 604/2013 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 Member States by a national of a third country or a stateless person (recast), OJ L 180 of the 29.6.2013 version, p. 31.
Introduced by section 2 of the annex to the AF on Sept. 26. 2014 (taken from the [EU] R n 603/2013 relative to the establishment of Eurodac and changing the [EU] R n 1077/2011 establishing the IT Agency), in force since July 20. 2015 (2015 2323 RO; FF 2014 2587).
New content according to point 2 of the annex to the AF Sept. 26. 2014 (taken from the [EU] R n 603/2013 relative to the establishment of Eurodac and changing the [EU] R n 1077/2011 establishing the IT Agency), in force since July 20. 2015 (2015 2323 RO; FF 2014 2587).

Art. 102averification of the Eurodac fingerprint expert checks of fingerprints in the event of positive response following a consultation of Eurodac.
The SEM defines the qualifications of the expert in fingerprints.

Introduced by section 2 of the annex to the AF on Sept. 26. 2014 (taken from the [EU] R n 603/2013 relative to the establishment of Eurodac and changing the [EU] R n 1077/2011 establishing the IT Agency), in force since July 20. 2015 (2015 2323 RO; FF 2014 2587).

Art. 102b Communication of personal data to a State bound by one of the association agreements in Dublin the communication of personal data to the competent authorities of the States bound by one of the association agreements in Dublin is considered to be a communication between federal bodies.

Art. 102 c Communication of personal data to a State which is bound by none of the association agreements in Dublin no personal data can be communicated to a third State if it does not ensure an adequate level of protection of data.
Personal data may be communicated, in special cases, to a third State despite the lack of an adequate level of data protection: a. If the person concerned has undoubtedly given consent; If it is sensitive data or personality profiles, the consent must be explicit; (b) if the disclosure is necessary to protect the life or bodily integrity of the person concerned; OUC. If communication is essential for the safeguarding of an overriding public interest to establish, exercise or defend a right to justice.

Personal data may be communicated outside the cases referred to in para. 2 when sufficient guarantees allow, in special cases, adequate protection of the person concerned.
The federal Council sets the scope of the guarantees to be provided and the modalities according to which they must be provided.
The Eurodac database data may in no case be transmitted: a. to a State which is not bound by one of the association agreements in Dublin; b. international organizations; c. to private entities.

Introduced by section 2 of the annex to the AF on Sept. 26. 2014 (taken from the [EU] R n 603/2013 relative to the establishment of Eurodac and changing the [EU] R n 1077/2011 establishing the IT Agency), in force since July 20. 2015 (2015 2323 RO; FF 2014 2587).

Art. 102d repealed by no 2 of the Federal ACT of 19 March 2010 on implementation of the framework decision 2008/977/JHA on the protection of personal data processed in the context of police and judicial cooperation in criminal matters, with effect from Dec. 1. 2010 (2010 3387 3418 RO; FF 2009 6091).

Art. 102nd right of access, the right of access is governed by the federal or cantonal data protection provisions. In addition, the controller of the file provides the information available regarding the origin of the data.

New content according to section 2 of the Federal ACT of 19 March 2010 on implementation of the framework decision 2008/977/JHA on the protection of personal data processed in the context of police and judicial cooperation in criminal matters, in force since Dec. 1. 2010 (2010 3387 3418 RO; FF 2009 6091).

Art. 102f and 102g repealed by section 2 of the Federal ACT of 19 March 2010 on implementation of framework decision 2008/977/JHA on the protection of data personal data processed in the context of police and judicial cooperation in criminal matters, with effect from Dec. 1. 2010 (2010 3387 3418 RO; FF 2009 6091).

Chapter 8 remedies, review and multiple applications Section 1 Procedure of appeal at cantonal level art. 103. the cantons provide at least an instance of recourse against decisions made by their authorities on the basis of this Act and its implementing provisions.
The appeal against cantonal decisions ultimately are governed by the General provisions of the Federal procedure, unless this Act provides otherwise.

Section 2 appeals at the federal level art. 104 repealed by section 4 of the annex to the Federal ACT of 17 June 2005 on the TAF, with effect from Jan 1. 2007 (RO 2006 2197 1069; FF 2001-4000).

Art. 105Recours against the decisions of the SEM the appeals against decisions of the SEM is governed by the law of 17 June 2005 on the federal administrative court.


New content according to no I 3 of the O of the SSA. fed. Dec 20. 2006 concerning the adaptation of legal acts to the disp. of the Federal ACT on the TF and the LF on the TAF, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
RS 173.32 art. Use 106Motifs the grounds of appeal are as follows: a. violation of federal law, including for abuses or excesses in the exercise of the discretion; b. property inaccurate or incomplete state of fact relevant; c....

The art. 27, al. 3, and 68, al. 2, are reserved.

New content according to section I 2 of the O of the SSA. fed. Dec 20. 2006 concerning the adaptation of legal acts to the disp. of the Federal ACT on the TF and the LF on the TAF, in force since Jan. 1. 2007 (RO 2006 5599; FF 2006 7351).
Repealed by chapter I of the Federal ACT of 14 Dec. 2012, with effect from Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 107 incidental decisions likely to appeal interlocutory decisions taken in application of art. 10, al. 1 to 3, and the art. 18 to 48 of this Act, as well as art. 71 Aug, cannot be challenged in an appeal against the final decision. The appeal against the decisions taken in application of art. 27, al. 3, is reserved.
Can also be challenged through a separate appeal if they are likely to cause irreparable harm: a. interim measures; b. decisions that result in a suspension of the proceedings, with the exception of the decisions provided for in art. 69, al. 3.



RS 142.20 new content according to section II 1 of the appendix to the LF of 16 Dec. 2005 on foreigners, in force since Jan. 1. 2008 (RO 2007 5437, 2008 5405; FF 2002-3469).
Repealed by no I of the Federal ACT of 16 Dec. 2005, with effect from Jan 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. applicable to 107aprocedure Dublin the appeal filed against a decision of dismissal on the asylum application of a claimant who can go to a competent country to complete the procedure for asylum and return under an international treaty has no suspensive effect.
During the appeal period, the applicant for asylum may request the granting of suspensory effect.
The federal administrative court adjudicates the request referred to in para. 2 within five days of its filing. When the suspensive effect is not granted within a period of five days, the reference can be run.

Introduced by art. 3 No 2 of the AF on Dec. 17. 2004 on the approval and implementation of the bilateral association agreements to the Schengen area and the space Dublin (RO 2008 447; FF 2004 5593). New content according to section I 2 of the AF on Sept. 26. 2014 (recovery of R [EU] n 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in effect since July 1. 2015 (2015 1841 RO; FF 2014 2587).

Art. 108delais of appeal the appeal period begins to run on the notification of the decision; It is 30 days for decisions and ten days for interlocutory decisions.
The deadline for appeals against the decisions to dismiss an application in material and against the decisions referred to in art. 23, al. 1, and art. 40 in relation to art. 6, art. 2, let. a, is five working days.
The refusal of entry into Switzerland pronounced under art. 22, al. 2, may be subject to appeal until the decision taken under art. 23, al. 1, has not been notified.
An appeal for the purposes of the review of legality and of the adequacy of the assignment of a place to stay in the airport or another place appropriate pursuant to art. 22, al. 3 and 4, as well as for the purposes of the review of the imposition of detention by SEM under arts. 76, al. 1, let. b, c. 5, or 76a LEtr may at any time be filed.
Any piece transmitted by fax is considered as having been validly filed if it comes to the federal administrative court on time and that the signed original reaches him in accordance with the rules provided for in art. 52, al. 2 and 3, of the Federal Act of 20 December 1968 on administrative procedure.

New content according to points I and IV 1 of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
New content according to chapter I of the Federal ACT on Sept. 28. 2012 (Mod) pressing of the Federal ACT on asylum, in force from 29 sept. 2012 to Sept. 28. 2015 (2012 5359 RO; FF 2010 4035, 2011 6735) and extended to Sept. 28. 2019 by clause II of the Federal ACT on Sept. 26. 2014 (2015 2047 RO; FF 2014 2013).
RS 142.20 new content according to section I 2 of the AF on Sept. 26. 2014 (recovery of R [EU] n 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in effect since July 1. 2015 (2015 1841 RO; FF 2014 2587).
RS 172.021 new content according to no I 3 of the O of the SSA. fed. Dec 20. 2006 concerning the adaptation of legal acts to the dips. of the Federal ACT on the TF and the LF on the TAF, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. 108aCoordination with the extradition proceedings when the applicant is the subject of an extradition request within the meaning of the Act of 20 March 1981 on international criminal assistance, use authorities take into consideration the dossier on the extradition procedure to decide on the application for asylum.

Introduced by section I 2 of the Federal ACT of Dec. 19. 2003 on the budgetary relief program 2003 (RO 2004 1633; FF 2003 5091). New content according to no I 1 of the Federal ACT of 1 October. 2010 on coordination between asylum and extradition procedure, in force since April 1. 2011 (2011 925 RO; FF 2010 1333).
RS 351.1 art. 109delais processing of the Administrative Tribunal appeals federal statue as a rule within a period of five working days on the appeals lodged against the decisions of dismissal and the decisions referred to in art. 23, al. 1, and art. 40 in relation to art. 6, art. 2, let. has....
The federal administrative court adjudicates without delay, and generally on file, on appeals against decisions taken under art. 22, al. 2 to 4, and under art. 76, al. 1, let. b, c. 5, Aug.
In cases other than those referred to in paras. 1 and 3, the federal administrative court adjudicates as a rule on the appeal within a period of 20 days.
The federal administrative court adjudicates with particular diligence when the applicant is detained for the purpose of extradition.

New content according to no I 3 of the O of the SSA. fed. Dec 20. 2006 concerning the adaptation of legal acts to the disp. of the Federal ACT on the TF and the LF on the TAF, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
New content according to chapter I of the Federal ACT on Sept. 28. 2012 (Mod) pressing of the Federal ACT on asylum, in force from 29 sept. 2012 to Sept. 28. 2015 (2012 5359 RO; FF 2010 4035, 2011 6735) and extended to Sept. 28. 2019 by clause II of the Federal ACT on Sept. 26. 2014 (2015 2047 RO; FF 2014 2013).
Repealed by no I of the Federal ACT of 14 Dec. 2012, with effect from Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
RS 142.20 new content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Introduced by no I 1 of the Federal ACT of 1 October. 2010 on coordination between asylum and extradition procedure, in force since April 1. 2011 (2011 925 RO; FF 2010 1333).

Art. 109aEchange of information prioritization and business processes procedures of first and second instance are a regular exchange of information between the Department and the federal administrative court.

Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. federal 109bstrategie of the federal administrative court in administrative handling of cases the Tribunal sets a treatment of business strategy; in this regard, it takes into account: a. s. SEM strategy. 37b; b. the statutory time limits use and treatment of cases.

Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 110 timeframes of proceedings the deadline granted to regularise an appeal is seven days; It is three days for an appeal filed against a decision of dismissal or a decision under art. 23, al. 1, or 111b.
The time limit for providing proof is seven days if these means are in Switzerland and 30 days if they are abroad. The expertise should be provided within a period of 30 days.
An extension may be granted if the appellant or his representative were prevented to act within the time limit, especially for due to illness or accident.
Time is two working days at most for procedures: a. the refusal of entry into Switzerland and the assignment of a place to stay the proceedings at the airport provided in art. 22, al. 2 to 4; (b) detained in accordance with art. 76, al. 1, let. b, c. 5, Aug.

New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
FF 2005 6885

New content according to point 3 I and II of the O of the SSA. fed. Dec 20. 2006 concerning the adaptation of legal acts to the disp. of the Federal ACT on the TF and the LF on the TAF, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. judicial 110aAssistance the federal administrative court designates an agent of office in appeals against the following decisions, when an applicant who has been exempted from paying the costs of the proceedings has made the request: a. decisions Nem and negative asylum decisions with a removal decision, taken under art. 31A and 44; b. decisions on the revocation and the extinction of asylum under the art. 63 and 64; c. decisions of lifting of temporary admission of persons falling within the scope of asylum made under art. 84, al. 2 and 3, Aug; d. decisions granting provisional protection taken under section 4 of this Act.

Make exception the remedies referred to in para. 1, when they are trained Dublin proceedings (art. 31, para. 1, let. b), procedures for review, review procedures or multiple applications. In these cases, and in cases other than those referred to in para. 1, art. 65, al. 2, of the Federal Act of 20 December 1968 on administrative procedure is applicable.
In the case of appeals under this Act, holders of a university degree in law which, in a professional capacity, advise and represent applicants for asylum, are also authorized to provide mutual legal assistance office.

Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
RS 142.20 RS 172.021 art. 111competences of the single judge a single judge shall decide in the following cases: a. ranking of Appeal become moot; b. Nem in material on clearly inadmissible use; c. decision the provisional refusal of entry into Switzerland and the assignment of a place to stay at the airport; d. detention ordered by the SEM under arts. 76, al. 1, let. b, c. 5, or 76a LEtr; e. remedies obviously founded or unfounded, provided that a second judge agrees.

New content according to points I and IV 1 of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
New content according to section I 2 of the AF on Sept. 26. 2014 (recovery of R [EU] n 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in effect since July 1. 2015 (2015 1841 RO; FF 2014 2587).
RS 142.20 art. 111aprocedure and decision the Tribunal federal administrative court may waive a round of correspondence.
The sentencing on appeal to the senses of the art. 111 is motivated only summarily.

Introduced by chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).
New content according to no I 3 of the O of the SSA. fed. Dec 20. 2006 concerning the adaptation of legal acts to the disp. of the Federal ACT on the TF and the LF on the TAF, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Section 3 review and multiple applications art. 111breexamen duly motivated request for review is filed in writing with the SEM within 30 days following the discovery of the ground of review. For the rest, the procedure is governed by arts. 66 to 68 of the Federal Act of 20 December 1968 on administrative procedure.
Normally within five working days following the filing of the request for reconsideration decisions of dismissal. In other cases, decisions are made generally within ten business days following the filing of the application.
The filing of a request for review does not suspend the execution of the reference. The competent authority for the processing of the application may, on application, grant the suspensive effect in case of risk to the applicant in his State of origin or provenance.
Requests for reconsideration unfounded or repeatedly the same motivations are classified without a formal decision.

Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
RS 172.021 art. 111cDemandes multiple asylum formed within five years following the entry into force of a decision for asylum or return is filed in writing and duly motivated. The reasons for dismissal referred to in art. 31, art. 1 to 3, shall apply.
Multiple claims unfounded or repeatedly the same motivations are filed without a formal decision.

Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 111dEmoluments the SEM collects a fee when he rejects a request for review or a multiple application or it is not material. If the application is partially approved, the fee is reduced. No compensation is allocated.
SEM provides, on request, the person who filed the request for review or request multiple payment of the costs of proceedings if she is indigent and that his application is not of outset doomed to fail.
The SEM can perceive the applicant an advance of expenses equivalent to the presumed costs of proceedings. He shall set a reasonable warning him that in default of payment, it will not be material. It waives collection advanced costs in the following cases: a. the conditions set out in para. 2 are met; (b) in an unaccompanied minor, the reconsideration request procedures or multiple demand appears not at the outset doomed to fail.

The federal Council establishes a tariff of fees and the amount of the advance on costs.

Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 112 repealed by no I of the Federal ACT of 14 Dec. 2012, with effect from Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Section 4 prevention and suspension of prescription in art. 112a for the duration of the appeal proceedings, the prescription of the financial claims of the Confederation to the beneficiaries of grants or social assistance does not run. She is suspended if she had started to run.

New content according to chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Chapter 8A asylum as part of testing art. 112b...

The federal Council may provide test phases to assess new procedures when they require a test phase to take place before the adoption of an amendment to act because of organizational and technical measures complexes.
The federal Council shall regulate the terms of testing by order. In doing so, it may derogate to this Act and the nationals for what relates to the development of the asylum at first instance and of the reference procedure, as well as financial issues are related.
During the test phases, the federal Council may shorten the 30-day appeal period provided for in art. 108, al. 1 to 10 days when appropriate measures to guarantee effective legal protection of asylum concerned.
All legal provisions which derogated from are included in the order.
The duration of the test phases is two years at most.

Introduced by chapter I of the Federal ACT on Sept. 28. 2012 (Mod) pressing of the Federal ACT on asylum in force from 29 sept. 2012 to Sept. 28. 2015 (2012 5359 RO; FF 2010 4035, 2011 6735) and extended to Sept. 28. 2019 by clause II of the Federal ACT on Sept. 26. 2014 (2015 2047 RO; FF 2014 2013). See also the disp. Trans. of this mod at the end of the text.
Repealed by no I of the Federal ACT of 14 Dec. 2012, with effect from Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
RS 142.20 Chapter 9 Collaboration international art. 113...

The Confederation participates in harmonization of European policy on refugees at the international level and the efforts abroad to solve problems related to refugees. It supports the activity of international relief. She is working with the Office of the High Commissioner of the United Nations for refugees.

Repealed by no I of the Federal ACT of 14 Dec. 2012, with effect from Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 114 repealed by no I of the Federal ACT of 14 Dec. 2012, with effect from Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Chapter 10 penal provisions Section 1 penal provisions concerning Chapter 5, section 2, art. 115delits is punished with a monetary penalty of 180 days-fine at most, so that it is not a crime or an offence for which the penal code provides a more severe penalty, anyone who:

a. abusively Gets a pecuniary advantage for himself or for others, on the basis of this Act, by making inaccurate or incomplete statements or in any other way; b. extracts itself wholly or in part to the obligation to pay tax special to the senses of the art. 86, by making the statements inaccurate or incomplete or in any other way; c. employer deducted special taxes of the salary of an employee without using them for the purposes intended; d. assistance to others for the commission of an offence within the meaning of art. 116, let. c, including in her planning or organizing, with the intent to get enrichment...

New content according to art. 333 of the penal code, in the content of the Federal ACT of 13 Dec. 2002, in force since Jan. 1. 2007 (2006 3459 RO; FF 1999 1787).
RS 311.0 introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. 116 tickets will be punished with the fine, unless the State indeed, there is art. 115, one that: a. has violated the obligation to inform, by knowingly inaccurate statements or refusing to give information; b. to be opposed to control ordered by the competent authority or will be prevented in any other way; c. will, as applicant for asylum, deployed a public political activities in Switzerland only with the intention of creating patterns subjective after the leak within the meaning of art. 54; d. will have ready assistance to others for the commission of an offence within the meaning of the let. c, including in her planning or organizing.

Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).
Introduced by chapter I of the Federal ACT of 14 Dec. 2012, in effect since Feb. 1. 2014 (2013 4375 5357 RO; FF 2010 2011 6735, 4035).

Art. order 116aAmendes those who will break the terms of payment provided for in art. 86, al. 4 may, after having been ordered to run, be punished with a fine of 1,000 francs at most. In case of recurrence within two years, a fine of 5000 francs at most may be imposed.
The SEM is competent to impose a fine of order.

Introduced by chapter I of the Federal ACT of 16 Dec. 2005, in force since Jan. 1. 2008 (RO 2006 4745, 2007 5573; FF 2002 6359).

Art. 117 offences and contraventions committed in a company offences and contraventions committed in the management of a corporation, a partnership, or a sole proprietorship, or in the management of a community or institution of public law are governed by arts. 6 and 7 of the Federal law on administrative penal law on March 22, 1974.

RS 313.0 Section criminal 2Dispositions about Chapter 7, section 2, art. 117a unlawful processing of personal data will be punished the fine that has processed personal data recorded in Eurodac for any purpose other than to determine the State responsible for the examination of the asylum application filed by a national of a third State in a State whereby the association agreements apply to Dublin.

Section 3Poursuite criminal art. 118...

The prosecution is the responsibility of the cantons.

Repealed by art. 3 No 2 of the AF on Dec. 17. 2004 on the approval and implementation of the bilateral association agreements to the Schengen and the Dublin area, with effect to Dec. 12. 2008 (RO 2008 447 5405 art. 1 let. a; FF 2004 5593).

Chapter 11 provisions final art. 119 execution the federal Council is responsible for the execution of this Act. It enacts the enforcement provisions.

Art. 120 abrogation of the law in force are repealed: a. October 5, 1979 on the asylum Act; b. the federal decree of 16 December 1994 on the economy measures in the field of asylum and foreigners.

[RO 1980 1718, 1986 2062, 1987 1674, 1990 938 1587 art. 3 para. 1, 1994 1634 ch. I 8.1 2876, 1995 146 ch. II 1126 ch. II 1 4356, 1997 2372 2394, 1998 1582]
[1994 2876 RO]

Art. 121 transitional procedures pending the entry into force of this Act are governed by the new law.
Pending procedures for the granting of a residence permit to the aliens police in the sense of the current art. 17, al. 2, become moot.
The Board of appeal and the FDJP remain competent for the pending appeal procedures affecting them at the entry into force of this Act. The al. 2 is reserved.
Upon entry into force of this Act, the foreigners admitted temporarily group by virtue of the current art. 14, art. 5, of the Federal Act of 26 March 1931 on the stay and settlement of foreigners are subject to the provisions of Chapter 4. The duration of the stay of persons admitted temporarily as a group is taken into account for the calculation of the time limits provided for in art. 74, al. 2 and 3.
The payment of assistance to refugees, holders of a residence permit is governed by the law in force for two years from the entry into force of this Act.

[RS 1 113; RO 1949 225, 1987 1665, 1988 332, 1990 1587 art. 3 al. 2 1991 362 ch. II 11 1034 ch. III, 1995-146, 1999-1111-2262 annex ch. 1-2253, 2000 1891 c. IV 2, 2002 685 c. I 1 701 c I 1 3988. annex c. 3, 2003 4557 Appendix No. II 2, 2004 1633 c. I 1 4655 no I 1, 2005 5685 annex c. 2, 2006 979 art. 2 ch. 1 1931 art. 18 1 2197 ch annex ch. 3 3459 annex c. 1 4745 annex c. 1, 2007 359 annex c. 1. [RO 2007 5437 annex I c.]. See now the LF of 16 Dec. 2005 on foreigners, nationals (RS 142.20).

Art. 122Relation with the federal decree of 26 June 1998sur emergency measures in the field of asylum and foreigners if a request for a referendum is filed against the federal decree of 26 June 1998 on emergency measures in the field of asylum and foreigners, and this is rejected in a popular vote, the following provisions will be considered lapsed: has. art. 8, al. 4 (obligation to collaborate to obtain valid travel documents); (b) art. 32, al. 2, let. a (NEM in case of nondelivery of travel or identification documents); c. art. 33 (NEM in the event of abusive subsequent filing of an application for asylum); d. art. 32, al. 2, let. b (NEM in case of deception on the identity); in this case, the content of art. 16, al. 1, let. b in the version of chapter I of the federal decree of 22 June 1990 on asylum procedure will be incorporated instead of deleted art available. 32, al. 2, let. b; e. art. 45, al. 2 (immediate execution in case of a dismissal decision); in this case, the content of art. 17, art. 2, in the version of section II of the Federal Act of 18 March 1994 on measures of coercion in foreign law will be incorporated instead of deleted art available. 45, al. 2, after adaptation of the references to the articles.

Not applicable (see RO 1998 1582 ch. III).
1998 1582 RO. Due to the adoption of this AF in popular vote of 13 June 1999, art. 122 is moot.
1990-938 1995 146 151 Art. RO RO 123 referendum and entry into force the present law is subject to optional referendum.
The federal Council shall determine the date of entry into force.

Transitional provisions relating to the amendment of December 19, 2003 transitional provisions respecting the amendment of December 16, 2005 transitional provision of the amendment on 28 September 2012 transitional provisions of the amendment of December 14, 2012, transitional provisions respecting the amendment of September 26, 2014 at the end of the test phases, the federal Council may continue to apply the provisions of performance tested in accordance with art. 112b, al. 2, if the tested procedures meet the following requirements: a. they may be considered appropriate on the basis of an assessment; b. they are integrated into a draft law within the meaning of art. 112b, al. 1. the federal Council may, in the light of the results of the assessment, make minor adaptations of the enforcement provisions tested pursuant to art. 112b, al. 2. the application of the enforcement provisions tested ceases the day where the change of law referred to in art. 112b, al. 1, comes into force, but no later than September 28, 2019.

Annex 1 (art. 21, para. 3) association agreements in Dublin to Dublin association agreements include the following:

a. agreement between the Swiss Confederation and the community on 26 October 2004 European on the criteria and mechanisms for determining the State responsible for examining an asylum application submitted in a Member State or in Switzerland (AAD); b. agreement of December 17, 2004, between the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway on the implementation , the application and development of the Schengen and on the criteria and mechanisms for determining the State responsible for examining an application for asylum made in Switzerland, Iceland or Norway; c. the 28 February 2008 protocol between the Swiss Confederation and the European Community and the Principality of Liechtenstein to the agreement between the Swiss Confederation and the Community European relative to the criteria and mechanisms for determining the State responsible for examining an application for asylum submitted in a State Member or in Switzerland; d. the 28 February 2008 protocol between the Swiss Confederation and the European Community and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for determining the State responsible for examining an application for asylum submitted in a Member State or in Switzerland.

Introduced by section 1 of the annex to the Federal ACT of June 13, 2008 (Complements made in the context of the implementation of the association to Schengen and Dublin agreements), in effect since Dec. 12. 2008 (RO 2008 5407 5405 art. 2 let. c;) FF 2007 7449).
RS RS RS RS 0.142.395.141 State on 1 October 2015 0.142.393.141 0.362.32 0.142.392.68 Appendix 2 change in the law in force...

Formerly annex.
Mod. can be found at the RO 1999 2262.

State on 1 October 2015

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