¹ The State Secretariat for Migration (SEM) ² Decides on the granting or refusal of asylum, as well as the dismissal of an applicant from Switzerland.

² The Federal Council designates:

A.

States of origin or of safe origin, namely those in which the applicant considers that the applicant is safe from persecution;

B.

The safe third States, namely those in which it considers that there is indeed respect for the principle of non-refoulement within the meaning of Art. 5, para. 1.

³ It shall submit to periodic review the decisions taken in accordance with para. 2.

¹ Anyone applying for asylum must prove or at least make it likely that he or she is a refugee.

² Refugee status is likely when the authority considers it highly probable.

³ It is not likely, in particular, to the allegations which, on essential points, are not sufficiently well-founded, contradictory, which do not correspond to the facts or which are decisive on the basis of false evidence or Falsified.

¹ The applicant is required to cooperate in the finding of the facts. In particular, it must:

A.

Decline its identity;

B.

Return travel documents and identification documents to the registration and procedure centre ¹ ;

C.

Set out, at the hearing, the reasons for requesting the asylum;

D.

Make full reference to any evidence before it and provide it without delay, or endeavour to procure it within an appropriate period of time, provided that it can reasonably be expected to require it;

E. ²

Collaborate in the capture of its biometric data.

² The applicant may be required to have documents written in another language translated into an official language.

³ During the proceedings, the applicant residing in Switzerland shall remain at the disposal of the federal and cantonal authorities. He shall immediately communicate his address and any change thereof to the authority of the canton or municipality competent under the cantonal law (cantonal authority).

^3bis An applicant who, for no valid reason, fails to comply with his obligation to cooperate or is not at the disposal of the competent asylum authorities for more than twenty days shall de facto waive the continuation of the procedure. The application is filed without a formal decision. He may file a new application at the earliest after three years. Compliance with the Convention on the Status of Refugees of 28 July 1951 ³ Is reserved. ⁴

⁴ Persons who are the subject of an enforceable removal order are required to cooperate in obtaining valid travel documents.

¹ The competent authority may search an applicant who is housed in a lock-up and procedure centre or in a private or collective dwelling, as well as his property, to search for travel documents, identification documents or dangerous objects, Of drugs or heritage values of questionable provenance. ¹

² The applicant can only be searched by a person of the same sex.

¹ The EMM pays the applicant's travel documents and identification documents to the file. ¹

² The authorities and administrative services shall seize and transmit to the SEM travel documents, identification documents or any other document that may provide information on the identity of a person who has applied for asylum in Switzerland. L' al. 5 applies to recognized refugees. ²

³ Where the authority or administrative service that has seized documents pursuant to para. 2 by checking the authenticity themselves, they communicate to the SEM the result of this examination.

⁴ The SEM or the appeal authority may confiscate or seize false or falsified documents or the authentic documents used improperly and hand them over to the legal successor where appropriate.

⁵ Passports or identification documents which have been established for refugees recognised in Switzerland by their country of origin are seized and transmitted to the SEM. ³

Where a procedure for the administration of evidence is initiated in the context of the finding of facts, the applicant may not give advance notice on the administration of evidence.

¹ Any notification or communication made to the last address of the applicant or his representative whose authorities are aware is legally valid at the end of the ordinary seven-day period of custody, even if the persons concerned do not Become aware that later due to a special agreement with the Swiss Post or if the shipment is returned without having been granted.

² If the applicant is represented by several representatives who have not given a common notification address, the authority shall deliver its communications to the representative first appointed by the applicant.

³ ... ¹

¹ Decisions may, if the situation warrants, be notified orally and summarily.

² Oral notification and statement of reasons must be recorded in minutes. The applicant receives an excerpt from it.

³ The competent authorities may notify the applicant who submits his application at the border or at the checkpoint at a Swiss airport (Art. 21 to 23) the signed decisions which were transmitted to them by fax. The applicant shall confirm the receipt in writing; failing that, the competent authority shall register the receipt. Art. 11, para. 3, of the Federal Law on Administrative Procedure ¹ Is not applicable. The notification shall be communicated to the representative.

⁴ In other urgent cases, the SEM can empower either a cantonal authority or a Swiss diplomatic mission or a consular post abroad (Swiss representation) to notify signed decisions that have been sent to them by fax.

⁵ The SEM may notify the applicant of a decision not to enter into matter within the meaning of Art. 31 A , para. 1, let. B. The notification shall be immediately communicated to the representative. ²

¹ Unless there is a right, the applicant may not initiate proceedings for the granting of a residence permit under the right of aliens between the time he files an application for asylum and where he leaves Switzerland following a decision by the applicant. After the withdrawal of the application or if the reference cannot be carried out and an alternative measure is ordered.

² Subject to the approval of the SEM, the canton may grant a residence permit to any person assigned to it in accordance with this Law, under the following conditions: ²

A.

The person concerned has been staying in Switzerland for at least five years from the date of the application for asylum;

B.

The place of stay of the person concerned has always been known to the authorities;

C.

This is a serious case of thoroughness because of the extensive integration of the data subject;

D. ³

There is no reason for revocation within the meaning of s. 62 of the Federal Act of 16 December 2005 on Foreigners (LEtr) ⁴ .

³ When he intends to make use of this possibility, the canton shall report it immediately to the SEM.

⁴ The data subject is only a party to the SEM approval procedure.

⁵ Any pending proceedings for the granting of a residence permit shall be annulled by the lodging of an application for asylum.

⁶ The residence authorisation which has been granted shall remain valid and may be extended in accordance with the law of aliens.

The cantons may establish inter-cantonal services to carry out their tasks under this Law, including hearings, preparation of decisions and the execution of references.

¹ A request to the federal authorities may be filed in any official language.

² The SEM shall notify its decisions and incidental decisions in the official language of the applicant's place of residence. ¹

³ It may exceptionally derogate from the rule set out in para. 2 in the following cases:

A.

The applicant or his agent masters another official language;

B.

It is necessary, because of the number of requests or the staff situation, to deal with asylum applications in an efficient and timely manner;

C.

The applicant is directly heard on his or her grounds at the registration and procedure centre and assigned to a township where another official language is spoken. ²

¹ The provision of the Federal Law on Administrative Procedure ¹ Concerning the public holidays does not apply to the asylum procedure.

² The Federal Council lays down additional provisions concerning the asylum procedure, in particular in order to take account in the procedure of the special situation of women and minors.

^2bis Applications for asylum by unaccompanied minors are treated as a priority. ²

³ The competent cantonal authorities shall immediately appoint a person of trust to represent the interests of unaccompanied minor applicants for as long as:

A.

The procedure at the airport if there are decisive acts of procedure for the asylum decision;

B.

The stay in a registration and procedure centre if, in addition to the summary hearing referred to in s. 26, para. 2, acts of decisive procedure for the decision on asylum are fulfilled;

C.

The procedure, after the allocation of the persons concerned to a canton;

D. ³

The Dublin procedure. ⁴

^3bis If there is evidence to suggest that a supposedly minor applicant has reached the age of majority, the SEM can order an expertise to determine his age. ⁵

⁴ The Federal Council defines the means of appealing to a legal adviser or legal representative in the registration and procedural centres and at airports. ⁶

⁵ When notifying a decision under s. 23, para. 1, 31 A Or 111 C , the SEM shall send the documents of the proceedings to the applicant or his representative if the execution of the reference has been ordered. ⁷

⁶ The Federal Council defines the role, competences and tasks of the person of trust. ⁸

The SEM may charge third parties the fees and costs of the benefits it provides to them.

A request for asylum shall be deemed to be a manifestation of the will by which a person asks Switzerland to protect him from persecution.

¹ The application for asylum must be lodged at the control station at a Swiss airport or, upon entry into Switzerland, at an open border post or in a registration and procedure centre. ²

^1bis Anyone applying for asylum must be present at the Swiss border or on Swiss territory. ³

² ... ⁴

³ Upon the filing of his application, the applicant shall be informed of his rights and duties during the asylum procedure.

¹ The competent authorities generally assign persons seeking asylum at the border, or after they have been intercepted near the border in the event of illegal entry, or in Switzerland, at a registration and procedure centre.

² The SEM examines whether, under the provisions of the Association Agreements in Dublin, it is competent to conduct the asylum procedure.

³ The association agreements in Dublin are set out in Annex 1.

¹ In the case of persons applying for asylum at a Swiss airport, the competent authority collects personal data from the applicant and reports his fingerprints and photographs. It can also take other biometric data about it and question it summarily on the reasons why it was forced to leave its country and on the route taken. ²

^1bis The SEM verifies whether, under the provisions of the Association Agreements in Dublin, it is competent to conduct the asylum procedure. ³

^1ter SEM allows entry when Switzerland has jurisdiction under Regulation (EU) n ^O 204/2013 ⁴ To carry out the asylum procedure and the applicant: ⁵

A.

Appears to be in danger for one of the reasons set out in s. 3, para. 1, or threatened with inhuman treatment in the country from which it has directly arrived;

B.

Makes it likely that the country from which it has directly arrived would, in violation of the prohibition on refoulement, be obliged to travel to a country where it appears to be exposed to danger. ⁶

² If it is not possible to see immediately, on the basis of the measures provided for in para. 1 and audits of para. 1 ^Bis , that the conditions of entry authorization set out in para. 1 ^Ter Are completed, the entry is temporarily denied. ⁷

^2bis In order to avoid cases of rigor, the Federal Council may decide in which other cases it allows entry into Switzerland. ⁸

³ When the SEM notifies the applicant that its entry into Switzerland is refused, it shall assign it to a place of residence and ensure that it is adequately housed. SEM supports accommodation costs. Airport managers are responsible for the provision of economic accommodation. ⁹

⁴ The refusal of entry into Switzerland and the assignment of a place of residence must be notified to the applicant for asylum within two days of the filing of his application; the legal channels must be indicated simultaneously. The right to be heard must be granted to him beforehand and he must have the opportunity to be represented.

⁵ The applicant may be held at the airport or, on an exceptional basis, in another suitable location for a maximum period of 60 days. If the person is the subject of an enforceable removal order, he or she may be detained in a detention centre for the purpose of carrying out the reference.

⁶ The EMM can then assign the applicant to a canton. In other cases, the procedure at the airport applies in accordance with Art. 23, 29, 30, 36 and 37.

¹ If the SEM refuses to enter Switzerland, the SEM may not enter into the asylum application or reject it. ²

² 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.

Prior to the opening of an asylum procedure, the SEM conducts an interview with the applicant to consider whether his application for asylum is in accordance with the law and sufficiently justified. If this is not the case and the applicant withdraws his application, the application is dismissed without a formal decision and the referral procedure is initiated. SEM may use third parties to conduct these interviews.

¹ The Confederation created the registration and procedure centres for which it entrusted the management to the SEM.

^1bis The SEM may host in specific centres created and managed by the SEM or by the cantonal authorities the applicants who threaten public safety and order or who, by their conduct, significantly affect the operation of the Registration and procedure centres. The cantons may, under the same conditions, host the applicants assigned to them in those centres. The Confederation and the cantons are involved in the costs of these centres in proportion to their use. ²

^1ter The procedures for the registration and procedure centres may apply to the centres referred to in para. 1 ^Bis Except in relation to the filing of an application for asylum. ³

^1c The preparatory phase begins with the filing of an asylum application. It lasts for up to three weeks. ⁴

² During the preparatory phase, the SEM collects the applicant's personal data; as a general rule, it is fingerprinted and photographed. It can also seize other biometric data concerning it, establish an expertise to determine its age (art. 17, para. 3 ^Bis ), verify the evidence, travel documents and identity papers and carry out research concerning the provenance and identity of the applicant. It may, in the course of a hearing, question the applicant on his identity, on the route taken and, summarily, on the reasons which led him to leave his country. ⁵

^2bis The exchange of data referred to in s. 102 A ^Bis , para. 2 and 3, and the request for takeover or takeover addressed to the State bound by one of the association agreements in Dublin responsible take place generally during the preparatory phase. ⁶

^2ter The SEM may entrust to third parties tasks intended to ensure the operation of the registration and procedure centres and the specific centres referred to in para. 1 ^Bis And other tasks referred to in para. 2, with the exception of the applicant's hearing. Third parties are subject to the obligation to keep the secret in the same way as the staff of the Confederation. ⁷

³ Federal Department of Justice and Police (DFJP) ⁸ Enacts provisions relating to the registration and procedure centres in order to ensure their proper functioning and to ensure a speedy procedure.

¹ Immediately following the filing of their claim for asylum, but no later than at the hearing on the grounds of asylum referred to in s. 36, para. 2, or the grant of the right to be heard referred to in s. 36, para. 1, the applicants are required to claim any infringement of their health which they knew at the time of filing their application and which could prove decisive in the context of the asylum and referral procedure.

² SEM refers to the health care professional who is responsible for carrying out the medical examination in relation to the health impairment referred to in para. 1. Art. 82 A Applies by analogy. The EMM may entrust third parties with the necessary medical tasks.

³ The health damage claimed later or found by another health care professional can be taken into account in the asylum and referral procedure if they are proven. It may exceptionally be sufficient for them to be likely if the delay is excusable or if, for medical reasons, no evidence can be provided. The SEM can call upon a medical consultant.

¹ The facilities and construction of the Confederation may be used without cantonal or communal authorization for the accommodation of asylum seekers for up to three years, when the change of assignment does not require Significant processing and there are no major changes in the occupation of the facility or construction.

² Are not significant transformation work within the meaning of s. 1 in particular:

A.

Regular maintenance work on buildings and facilities;

B.

Slight modifications to the construction;

C.

The installation of minor equipment, such as sanitary facilities or water and electricity connections;

D.

The installation of securities.

³ After having consulted the Confederation, the Confederation shall announce the change of use in the canton and in the municipality in which the registration and procedure centre is located no later than 60 days before the installation or operation of the facility. Construction.

¹ The cantons agree on a distribution of the applicants.

² If the cantons cannot find an agreement, the Federal Council shall, after having heard them, fix the criteria for allocation in an order.

³ The SEM assigns the applicant to a canton (canton of allocation). ¹ In so doing, it takes into account the legitimate interests of the canton and the applicant. The applicant can only attack that decision for breach of the principle of unity of the family.

⁴ Persons whose applications for asylum have been the subject of a non-entry decision or have been rejected at the registration and procedure centre are not assigned to a canton. This rule does not apply in particular to persons: ²

A.

Whose appeal has not been the subject of a decision within an appropriate period after the filing of their asylum application; or

B.

Who are the subject of criminal prosecution or have been convicted of a crime or a crime committed in Switzerland.

C. ³

... ⁴

¹ The SEM or cantonal authorities may assign a place of stay to the applicant.

² They may assign a dwelling to him, in particular to house him in collective housing. The cantons shall guarantee security and, in order to do so, may lay down provisions and take measures. ¹

¹ The SEM hears the applicant on his grounds for asylum:

A.

In the registration and procedure centre;

B.

Within 20 days of the award decision to a township. ¹

^1bis If necessary, the MSS uses an interpreter. ²

² An applicant may be accompanied by an agent and interpreter of his or her choice, provided that neither of them is an applicant for asylum.

³ The hearing was recorded in minutes. It must be signed by the persons who participated in the hearing, with the exception of the representative of the works of mutual assistance.

⁴ The SEM may entrust the cantonal authority to hear certain applicants themselves if this measure makes it possible to speed up the procedure considerably. The s. 1 to 3 are applicable. ³

The Federal Council may conclude cooperation agreements with third States and international organisations with a view to facilitating the establishment of the facts. In particular, it may enter into agreements to provide for the exchange of information in order to determine the grounds which led the applicant to flee his State of origin or of origin, the route he has taken and the third States in which he Has stayed.

¹ Authorized self-help works send a representative to the hearing referred to in s. 29, unless the applicant objects to it.

² The Federal Council defines the conditions for the authorization of self-help works. The authorization is issued by the DFJP. The self-help works coordinate their presence at the hearings.

³ The authorities shall communicate the dates of the hearings sufficiently early on to the self-help works. The hearing shall have full legal effect even if the representative of the works of mutual assistance does not follow up the invitation.

⁴ The representative of the self-help works attends the hearing as an observer, but not as a party. It confirms in the minutes its participation in the hearing by a signature and has the obligation to keep the secret to third parties. It may request that questions be asked to clarify the state of affairs, to suggest further clarification and to raise objections to the minutes.

The DFJP can decide, in agreement with the cantons, that the staff of the cantonal authorities prepare decisions under the direction of the SEM and its intention.

¹ As a general rule, SEM does not enter into a claim for asylum if the applicant:

A.

May return to a safe third country within the meaning of s. 6 A , para. 2, let. B, in which he previously stayed;

B.

May go to a competent third State, under an international agreement, to carry out the asylum and referral procedure;

C.

May return to a third State in which he or she has previously stayed;

D.

May continue to travel to a third country for which he has a visa and in which he may apply for protection;

E.

May continue to travel to a third State in which close relatives or persons with whom it has close ties are living;

F. ²

May be returned to the country of origin or source in accordance with Art. 31 B .

² L' al. 1, let. C to e, is not applicable where, in the present case, the SEM is in the presence of indications that the third State does not provide effective protection in the light of the principle of non-refoulement referred to in Art. 5, para. 1.

³ The SEM does not deal with applications for asylum which do not satisfy the conditions laid down in Art. 18. This provision applies in particular where the application for asylum is made exclusively for economic or medical reasons.

⁴ In other cases, the SEM rejects the application for asylum if the refugee status is neither proven nor likely to be proved or if there is a ground for exclusion within the meaning of s. 52 to 54.

¹ The applicant affected by a negative asylum decision with a decision to forcibly return it to a State bound by one of the Association Agreements in Dublin (Dublin State) may be returned directly to the country of origin or provenance, In accordance with the conditions laid down in Directive 2001 /40/EC ² , when:

A.

For an extended period, the competent Dublin State shall not carry out any reference to the country of origin or provenance of the applicant; and

B.

The removal of Switzerland can, in all likelihood, be executed quickly.

² The SEM shall collect the information required for the execution of the reference to the competent authorities of the Dublin State concerned and shall agree to the necessary arrangements.

If Switzerland is responsible for examining an application for asylum under the Regulation (EU) n ^O 204/2013 ² , the asylum procedure is reopened even if the application has previously been closed.

¹ In the case of a decision on a non-entry in the field of art. 31 A , para. 1, the right to be heard shall be granted to the applicant. The same applies to the following cases:

A.

The applicant deceived the authorities on his identity, the dol being found on the basis of identification measures or other means of proof;

B.

The applicant's application is decisive on the basis of false or falsified evidence;

C.

The applicant was guilty of another serious breach of his obligation to cooperate.

² In other cases, a hearing is held in accordance with s. 29.

¹ As a general rule, the decision on non-entry into question must be taken within five working days of the filing of the application or the approval of the Dublin State responsible for the request for transfer, within the meaning of Art. 19 and 20 of the Regulation (EC) n ^O 343/2003 ² . ³

² In other cases, the decision must be taken as a general rule within 10 working days of filing the application. ⁴

³ ... ⁵

⁴ The SEM shall act with due care when the applicant is detained for the purpose of extradition. ⁶

The decision on non-entry must be reasoned summarily.

The SEM defines a strategy for the processing of asylum applications in which it determines a priority order. In this respect, it takes into account, in particular, the statutory time limits for processing, the situation in the States of origin, the manifestly unfounded nature of the applications and the applicants' conduct.

If the information gathered at the registration and proceedings centre or at the hearing clearly shows that the applicant belongs to a group of persons to be protected under s. 66, provisional protection is granted.

¹ If the hearing clearly shows that the applicant has failed to prove his or her status as a refugee or to make it likely and if there is no reason to oppose his removal from Switzerland, his application shall be rejected without further education.

² The decision must be reasoned at least summarily. ¹

Where the applicant is the subject of an extradition request within the meaning of the Act of 20 March 1981 on international mutual assistance ² , the SEM takes into account the case concerning the extradition procedure in order to rule on the application for asylum.

Anyone applying for asylum in Switzerland can stay there until the end of the procedure.

¹ During the first three months following the application for asylum, the applicant does not have the right to engage in a gainful occupation. If a negative decision is made at first instance before the expiry of that period, the canton may refuse the authorisation to engage in a gainful occupation for another three months.

^1bis The conditions of admission for the purpose of carrying on a gainful occupation are governed by the Federal Act of 16 December 2005 on Foreigners (LEtr) ¹ . ²

² Where an application for asylum has been rejected by an enforceable decision, the authorization to engage in a gainful occupation shall expire on the expiry of the time limit for leaving the country (the period of departure), even if that person has made use of And that the execution of the reference has been suspended. If the SEM extends this period during the ordinary procedure, the exercise of a gainful occupation may be authorised. Permission to engage in a gainful occupation shall not be granted for the duration of an asylum procedure within the meaning of s. 111 C . ³

³ The DFJP can, in agreement with the Federal Department of Economics, Training and Research, empower the cantons to extend, beyond the period of departure, the authorisations to engage in a gainful occupation of certain categories of persons If special circumstances warrant. This rule applies mutatis mutandis to the asylum procedure within the meaning of s. 111 C . ⁴

^3bis The Federal Council may issue a temporary ban on engaging in a gainful occupation for certain categories of asylum seekers. ⁵

⁴ An applicant who is authorized to engage in a gainful occupation in accordance with the provisions of the Foreigners' Police or who participates in public utility programmes shall not be subject to the prohibition of employment.

In rejecting the application for asylum or refusing entry, the SEM, as a general rule, pronounces the dismissal of Switzerland and orders its execution; it takes into account the principle of the unity of the family. In the case of surplus, the decision to execute the reference is governed by s. 83 and 84 LEtr ² .

¹ The reference decision states:

A.

The requirement for the applicant to leave Switzerland;

B.

The day on which it is to have left Switzerland; if the provisional admission has been ordered, the period of departure shall be fixed at the time when that measure is lifted;

C.

The means of constraint applicable if the applicant does not comply;

D.

Where applicable, the States in which the applicant is not to be returned;

E.

Where applicable, the measure replacing the execution of the reference;

F.

The canton competent to carry out the reference or the measure which replaces it.

² The removal order shall be accompanied by a reasonable period of departure from seven to thirty days. A longer period of departure is allowed or the period of departure is extended when special circumstances such as the family situation, the health care services or the length of the stay justify it. ²

³ The reference may be immediately enforceable or a period of departure of less than seven days may be fixed if the applicant is returned on the basis of the Association Agreement in Dublin ³ . ⁴

⁴ The claimant receives an information sheet containing an explanation of the removal order. ⁵

¹ The canton of allocation is required to execute the referral decision. ¹

^1bis For persons who, by virtue of s. 27, para. 4, have not been assigned to a canton, the execution of the reference falls within the jurisdiction of the canton indicated in the decision to refer under Art. 45, para. 1, let. F. The applicant's distribution key between the cantons shall apply by analogy to the designation of the canton competent for the execution of the reference. ²

² If it is found that the execution of the reference is not possible, the canton asks the SEM to order the provisional admission.

If the person returned is exempt from the execution of the removal by concealing the place of residence, the canton or the SEM may order its entry to the police search system.

If the person returned is not in the canton responsible for the execution of the reference, the canton where it is located shall assist the returning officer if he so requests. Such administrative assistance shall include the handing over of the person concerned to the competent canton or the direct execution of the reference.

Asylum is granted to persons who have refugee status, if there is no reason for exclusion.

Asylum can be granted to a refugee who has been admitted by another state and has been legally resident in Switzerland without interruption for at least two years.

¹ The spouse of a refugee and his minor children are recognised as refugees and are granted asylum, provided that no special circumstances exist. ¹

^1bis If the examination of the conditions of recognition of the status of refugees and of the granting of asylum defined in para. 1 reveals evidence of an absolute cause of cancellation within the meaning of s. 105, c. 5 or 6, of the Civil Code (CC) ² , the SEM shall inform the authority referred to in Art. 106 CC. The procedure is suspended until the decision of that authority. If an action is taken, the suspension is extended until a judgment is rendered and entered into force. ³

² ... ⁴

³ The child born in Switzerland to refugee parents is also granted refugee status, provided that no special circumstances exist. ⁵

⁴ If the rightholders defined in para. 1 have been separated by the leak and are located abroad, their entry into Switzerland will be allowed upon request. ⁶

⁵ ... ⁷

¹ ... ¹

² ... ²

Asylum is not granted to the refugee who is unworthy of it by reason of reprehensible acts, which has harmed the internal or external security of Switzerland or which compromises it.

Asylum is not granted to the person who has become a refugee within the meaning of s. 3 if leaving the State of origin or of origin or because of its subsequent conduct.

¹ In times of heightened international tension, in the event of an armed conflict in which Switzerland is not engaged, or where, in peacetime, an unusual influx of asylum seekers takes place, Switzerland grants asylum to refugees as long as The circumstances permit.

² The Federal Council shall adopt the necessary measures. It may, by derogating from the law, regulate in a restrictive manner the conditions for granting asylum and the status of refugees, and lay down special procedural provisions. He immediately reported to the Federal Assembly.

³ If the sustainable accommodation of refugees exceeds Switzerland's reception facilities, asylum may only be granted on a temporary basis until such persons are allowed to travel to another country.

⁴ If a large influx of refugees emerges, the Federal Council is seeking rapid and effective international cooperation to ensure their distribution.

¹ Asylum is granted to large groups of refugees by decision of the Federal Council. In the case of small groups, the decision is taken by the DFJP.

² The SEM refers to groups of refugees.

¹ The distribution of refugees between the cantons is governed by Art. 27.

² The Confederation may, within the limits of the first integration, assign temporary housing to groups of refugees, in particular in an integration centre.

The status of refugees in Switzerland is governed by the law applicable to foreigners, unless special provisions prevail, in particular those of this Law or those of the Convention of 28 July 1951 relating to the status of refugees ¹ .

A person who has been granted asylum in Switzerland or has been granted temporary asylum in Switzerland shall be considered, in respect of all federal and cantonal authorities, as a refugee within the meaning of this Act and the Convention of 28 July 1951 relating to The status of refugees ¹ .

¹ Anyone who has been granted asylum in Switzerland is entitled to a residence permit in the canton where he is lawfully staying.

² The granting of the right of establishment is governed by Art. 34 LEtr ² . ³

Anyone who has been granted asylum in Switzerland or has been provisionally admitted as a refugee is entitled to engage in a gainful occupation and to change employment and occupation.

The refugee to which Switzerland has granted asylum is entitled to take part in the federal examinations for the medical professions; the Federal Department of the Interior sets the conditions for admission.

¹ SEM revos asylum or withdraws refugee status:

A.

Whether the alien has been granted refugee protection or refugee status by making false statements or concealing essential facts;

B.

For the reasons referred to in s. 1, section C, c. 1 to 6, of the Convention of 28 July 1951 relating to the Status of Refugees ¹ .

² The SEM revoks asylum if the refugee has harmed the internal or external security of Switzerland, if he or she compromises them or has committed criminal acts that are particularly reprehensible. ²

³ The revocation of refugee protection or withdrawal of refugee status affects all federal and cantonal authorities.

⁴ Revocation of asylum or withdrawal of refugee status does not extend to spouses and children. ³

¹ Asylum in Switzerland ends:

A. ¹

When the refugee has spent more than one year abroad;

B.

Where the refugee has been granted asylum or residence in another country;

C.

When the refugee waives;

D. ²

By the execution of removal or expulsion.

² In certain circumstances, the SEM may extend the time limit set out in para. 1, let. A.

³ Refugee status and asylum are terminated when the alien acquires Swiss nationality in accordance with art. 1, section C, c. 3, of the Convention on the Status of Refugees of 28 July 1951 ³ . ⁴

The removal or expulsion of a refugee is governed by s. 64 LEtr ² In relation to art. 63, para. 1, let. B, and 68 LEtr. Art. 5 is reserved.

¹ The Federal Council decides whether Switzerland grants temporary protection to groups of persons to be protected in accordance with art. 4 and according to what criteria.

² Before making its decision, it consults with representatives of the cantons, self-help works and, where appropriate, other non-governmental organizations, as well as the Office of the United Nations High Commissioner for Refugees.

¹ The granting of provisional protection as well as the measures and assistance implemented in the State of origin or in the State or region of origin of the persons to be protected must be as complementary as possible.

² The Confederation collaborates with the State of origin or provenance, with other host countries and with international organisations, to create the conditions for the safe departure of persons to be protected.

¹ The SEM defines more precisely the group of persons to be protected and decides who can benefit from provisional protection in Switzerland. It takes into account the principle of family unity.

² Its decision can only be contested for breach of the principle of unity of the family.

³ ... ¹

¹ Art. 18, 19 and 21 to 24 shall apply mutatis mutandis to applications filed by persons to be protected at the border or in Switzerland.

² Where there is no manifestly persecution within the meaning of s. 3, the SEM determines, once the persons have been interviewed at the registration and procedure centre in accordance with Art. 26, those belonging to a group of persons to be protected and those who can benefit from temporary protection in Switzerland. ¹ The grant of provisional protection cannot be attacked.

³ Where provisional protection has been granted, the procedure for examining a possible application for recognition of refugee status is suspended.

⁴ If the SEM intends to refuse provisional protection to a person who has applied for asylum, it shall continue without waiting for the procedure for the examination of that application or the referral procedure.

Persons to be protected who have applied for refugee status may not request the reopening of this procedure until five years after the decision to suspend the application under s. 69, para. 3. The resumption of this procedure results in the lifting of provisional protection.

¹ Interim protection shall also be granted to the spouse of the person to be protected and to his minor children: ¹

A.

If they jointly request the protection of Switzerland and there are no grounds for exclusion within the meaning of Art. 73;

B.

Whether the family was separated by events referred to in s. 4, which it intends to meet in Switzerland and that there are no special circumstances against it.

^1bis If the examination of the conditions of grant of provisional protection as defined in para. 1 reveals evidence of an absolute cause of cancellation within the meaning of s. 105, c. 5 or 6, CC ² , the SEM shall inform the authority referred to in Art. 106 CC. The procedure is suspended until the decision of that authority. If an action is taken, the suspension is extended until a judgment is rendered and entered into force. ³

² The child born in Switzerland of persons to be protected also receives temporary protection.

³ If the beneficiaries are abroad, their entry into Switzerland is permitted.

⁴ The Federal Council sets the conditions for family reunification in other cases.

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

Interim protection is not granted to the person to be protected who falls under s. 53, which has adversely affected public order and security or severely compromises public safety and security.

¹ The person to be protected resides in the township to which it has been assigned.

² If, after five years, the Federal Council has still not lifted the provisional protection, the person to be protected shall receive from that canton a residence permit which expires at the time the protection is lifted.

³ Ten years after the grant of provisional protection, the canton may issue an establishment authorisation to the person to be protected.

¹ For the first three months following its entry into Switzerland, the person to be protected is not entitled to engage in a gainful occupation. That period, the conditions of admission for the purpose of the pursuit of a gainful occupation, are governed by the LEtr ¹ . ²

² The Federal Council may lay down less severe conditions for the exercise of a gainful occupation by the persons to be protected.

³ Authorizations to engage in a gainful occupation are maintained.

⁴ Persons to be protected who are allowed to engage in a gainful occupation in accordance with the provisions of the police of foreigners or who participate in public utility programmes shall not fall within the scope of the prohibition of Work.

¹ The Federal Council shall, after consultation with the representatives of the cantons, the works of mutual assistance and, where appropriate, other non-governmental organizations, the Office of the United Nations High Commissioner for Refugees and organizations The date of the lifting of the provisional protection granted to certain groups of persons to be protected; this is a decision of general application.

² The SEM grants the right to be heard by the persons concerned by the decision taken under para. 1.

³ If the exercise of the right to be heard reveals evidence of persecution, a hearing shall be held pursuant to Art. 29. ¹

⁴ If the right to be heard has been granted, the person concerned does not take a position, the SEM makes a decision of reference. Art. 10, para. 4, and 46 to 48 of this Act, as well as s. 71 LEtr ² Apply by analogy to the execution of the reference. ³

The Confederation supports efforts at the international level to organize the return of the people to be protected.

¹ The MSE may revoke the person's interim protection:

A.

Who obtained it by making false statements or by concealing essential facts;

B.

Which has harmed the internal or external security of Switzerland, which compromises or has committed wrongdoings;

C.

Which has, since the grant of provisional protection, long or repeated stay in the State of origin or of origin;

D.

Has a regular residence permit issued by a third country in which it can return.

² Provisional protection shall not be revoked if the person to be protected is in his or her State of origin or provenance with the agreement of the competent authorities.

³ The revocation of temporary protection does not extend to the spouse and children, unless it is found that they no longer need to be protected. ¹

⁴ Where the interim protection is to be revoked, a hearing shall be held pursuant to s. 29 and 30.

Interim protection is extinguished when the person to be protected transfers his or her centre of life to another country, waives provisional protection, or has obtained an establishment authorization under the LEtr ² .

The provisions of chap. 3 and 4 relating to spouses shall apply mutatis mutandis to registered partners.

¹ Social assistance or emergency assistance shall be provided to persons who are in Switzerland under this Law by the canton to which they have been assigned. In the case of persons who have not been assigned to a canton, emergency aid shall be provided by the canton designated to carry out the reference. The cantons may delegate all or part of this task to third parties, in particular to self-help works authorised in accordance with Art. 30, para. 2.

² As long as the aforementioned persons stay in a registration and procedure centre or an integration centre for refugee groups, social assistance is provided by the Confederation. The latter may entrust all or part of this task to third parties. Art. 82 A Applies mutatis mutandis to medical assistance. ²

Persons staying in Switzerland under this Law who are unable to provide for their maintenance by their own means shall receive the necessary social assistance, unless a third party is required to provide such assistance under a legal obligation or Contract, or emergency assistance, provided that the request is made.

¹ The granting of social assistance and emergency aid is governed by the cantonal law. Persons who are subject to a binding order to which a period of departure has been granted are excluded from the social assistance scheme. ²

² During the proceedings initiated by an extraordinary legal remedy or during the asylum procedure within the meaning of s. 111 C , the persons referred to in para. 1 and the applicants receive, upon request, emergency assistance. This rule is also applicable when the execution of the reference is suspended. ³

³ The social assistance granted to applicants and persons to be protected who are not entitled to a residence permit must be provided, to the extent possible, in the form of benefits in kind. It is less than that granted to persons residing in Switzerland. ⁴

⁴ Emergency aid shall be granted to the extent possible in the form of benefits in kind at the places designated by the cantons or the Confederation. It is less than the social assistance granted to applicants and persons to be protected who do not have a residence permit. ⁵

⁵ The special situation of refugees and persons to be protected who are entitled to a residence permit will be taken into account; in particular, their social, professional and cultural integration will be facilitated.

¹ Medical insurance for asylum seekers and persons to be protected who are not holders of a residence permit must be, subject to the following provisions, adapted under the provisions of the Federal Act of 18 March 1994 on Medicare (LAMal) ² .

² The cantons may limit asylum seekers and persons to be protected who are not holders of a residence permit in the choice of their insurer and designate one or more insurers offering a particular form Insurance under s. 41, para. 4, LAMal.

³ They may limit asylum seekers and persons to be protected who do not hold a residence permit in the choice of benefit providers referred to in Art. 36 to 40 LAMal. They may do so before designating an insurer within the meaning of para. 2.

⁴ They may refer to one or more insurers that offer only asylum seekers and to persons to be protected who are not holders of a residence permit insurance with a limited choice of benefit providers in the sense of Of Art. 41, para. 4, LAMal.

⁵ The Federal Council sets out the arrangements for limiting the choice of benefit providers.

⁶ The cantons and insurers may agree to the abolition of participation in the costs referred to in Art. 64, para. 2, LAMal.

⁷ Asylum seekers and persons to be protected who are not holders of a residence permit are entitled to a reduction in the premiums referred to in Art. 65 LAMal suspended as long as they receive partial or total social assistance. The right is reborn when they are recognised as refugees or they no longer receive social assistance, or, in the case of persons to be protected, they are entitled to a residence permit.

¹ Social assistance benefits as well as benefits under s. 82, para. 3, are refused, wholly or partly, reduced or deleted if the beneficiary: ²

A.

Obtained or sought to obtain them by making inaccurate or incomplete statements;

B.

Refuses to inform the competent service about its economic situation or does not allow it to request information;

C.

Does not communicate the essential changes in its situation;

D.

Clearly does not make efforts to improve the situation, refusing, in particular, the proper work or accommodation that has been assigned to it;

E.

Terminate, without referring to the competent service, a contract of employment or lease or cause, by reason of its fault, such termination, thereby aggravatee its situation;

F.

Makes improper use of social assistance benefits;

G.

Does not comply with the orders of the relevant service, although it has threatened to remove social assistance benefits;

H. ³

Threatens public safety and order;

I. ⁴

Is subject to prosecution or criminal conviction;

J. ⁵

Is guilty of a serious breach of his obligation to cooperate, in particular by refusing to decline his identity;

K. ⁶

Endangers order and security by contravening the instructions of the collaborators of the asylum procedure or of the housing authorities.

^1bis L' al. 1 applies to refugees as long as equal treatment with persons residing in Switzerland is ensured. ⁷

² Undue social assistance benefits must be repaid in full. The amount to be repaid may be deducted from future social assistance benefits. The canton claims the right to reimbursement. Art. 85, para. 3, is applicable. ⁸

The person concerned must cooperate in the enforcement of the order for enforceability where the order is lawful, reasonably payable and possible, and the investigation to determine whether the conditions for granting emergency assistance are Filled.

For applicants whose children live abroad, the allowances are retained for the duration of the proceedings. They shall be paid when the applicant is recognised as a refugee or provisionally admitted within the meaning of Art. 83, para. 3 to 5, LEtr ² .

¹ To the extent required, social assistance costs ¹ , of departure and execution, as well as the costs of the appeal procedure, must be reimbursed.

² The Confederation claims the right to reimbursement. The DFJP can delegate this task to the cantons.

³ The right to reimbursement shall be limited to one year from the date on which the competent authority has been informed, but in all cases by ten years from the date of the birth of that right. These claims are not of interest. ²

⁴ The Federal Council regulates the terms and conditions and sets out the derogations from the obligation to reimburse the costs. ³

¹ Applicants and persons to be protected who do not hold a residence permit and engage in a gainful occupation are required to reimburse the costs referred to in Art. 85, para. 1 (special fee). The special tax is used to cover all the costs incurred by these persons and their loved ones. The cantonal authority shall submit the grant of work permit to the payment of the special fee.

² The special tax may not exceed 10 % of the income of the person concerned. The employer deducts it directly from income and pays it to Confederation.

³ Interested parties are subject to this tax for at most ten years from the start of their first profitable business in Switzerland.

⁴ The Federal Council regulates the modalities. It fixes, in particular, the amount of the special fee and lays down provisions on payment and warning terms. In particular, it may exempt low-income persons from the obligation to pay them.

⁵ The Confederation may entrust to third parties the tasks relating to the collection of the special tax.

¹ Applicants and persons to be protected who do not hold a residence permit must declare their heritage values not derived from the income of a gainful occupation.

² The competent authorities may seize these values in order to guarantee the reimbursement of costs within the meaning of Art. 85, para. 1, if the applicants or persons to be protected who are not holders of a residence permit:

A.

Fail to demonstrate that heritage values are derived from gainful employment, alternative income or social assistance benefits;

B.

Fails to prove the origin of the values; or

C.

Are able to prove the origin of the heritage values but the value of the heritage values exceeds the amount set by the Federal Council.

³ The Federal Council determines the extent to which the seizure of heritage values reduces the duration of the current or future obligation to pay the special tax.

⁴ The heritage values of an applicant who is no longer subject to the special tax cannot be seized.

⁵ Upon request, the seizure shall be fully returned if the applicant or the person to be protected leaves Switzerland on a regular basis within seven months of the filing of his or her application for asylum or the application for provisional protection.

¹ To the extent that the fulfilment of their legal mandate requires it, the SEM, the recourse authorities and the private bodies entrusted with tasks under this Law may process or cause to be dealt with personal data relating to a An applicant or a person to be protected and their relatives, including sensitive data or personality profiles, as defined in s. 3, let. C and d, of the Federal Data Protection Act of 19 June 1992 (HPA) ² .

² The data necessary to combat undeclared work may be provided by the authorities referred to in para. 1 in accordance with ss. 11 and 12 of the Act of 17 June 2005 on undeclared work ³ . ⁴

¹ No person shall disclose to the State of origin or source personal data relating to an applicant, a recognised refugee or a person to be protected where such communication would endanger the person concerned or his or her relatives. Similarly, it is prohibited to disclose information relating to an application for asylum. ¹

² The authority responsible for organising the departure of the person concerned may contact his or her State of origin or provenance in order to obtain the travel documents necessary for the execution of the reference if the quality of the refugee has not been recognised At first instance. ²

³ With a view to the execution of the reference in the State of origin or of origin, the authority responsible for organising the departure may communicate to the foreign authorities the following data:

A.

Personal data (surname, first name, names of loans, date and place of birth, sex, nationality, last known address in the State of origin or provenance) of the person concerned and, insofar as they are necessary for his identification, the personal data Personal data from family members;

B.

Indications relating to the passport or other identification documents;

C.

Fingerprints, photographs and other possible biometric data;

D.

Data concerning other documents identifying the person concerned;

E.

Indications of the person's state of health, provided that this is in his or her interest;

F.

Any other data necessary to ensure the entry of the data subject in the State of destination and to ensure the safety of the escorts;

G.

Indications on criminal proceedings, provided that, in the present case, the procedure for readmission and the maintenance of public safety and order in the State of origin so require and that there is no danger to the person concerned; Art. 2 of the Act of 20 March 1981 on international mutual assistance ³ Is applicable by analogy. ⁴

¹ With a view to the implementation of this Law, the SEM and the appeal authorities shall be authorised to disclose personal data to foreign authorities and international organisations entrusted with tasks in this framework, provided that the State or The international organisation in question guarantees equivalent protection of the data transmitted.

² The following personal data may be provided:

A.

Personal data (surname, first name, names of loans, date and place of birth, sex, nationality, last known address in the State of origin or provenance) of the person concerned and, insofar as they are necessary for his identification, the personal data Personal data from family members;

B.

Indications relating to the passport or other identification documents;

C.

Fingerprints, photographs and other possible biometric data;

D.

Data concerning other documents identifying the person concerned;

E.

Indications of the person's state of health, provided that this is in his or her interest;

F.

Any other data necessary to ensure the entry of the person into the State of destination and to ensure the safety of the escorts;

G.

Indications relating to routes taken by the person, as well as to his or her places of residence;

H.

Indications relating to residence authorizations and visas granted;

I.

Indications relating to an application for asylum (place and date of filing, state of the procedure, summary indications on the contents of a possible decision). ¹

The SEM or the Federal Administrative Court shall transmit to the competent criminal prosecution authorities the information and evidence concerning the applicant who is strongly suspected of having infringed public international law, in particular by committing A crime against peace, a war crime or a crime against humanity, by participating in genocide or by practising torture.

¹ The competent authorities may process the biometric data of an asylum-seeable person or a person to be protected in order to establish his or her identity.

^1bis The SEM can delegate to third parties the processing of biometric data. It ensures that the relevant third parties comply with the relevant provisions on data protection and computer security. ²

² The Federal Council sets out the biometric data that can be identified and regulates its access.

¹ Fingerprints of all fingers and photographs of each asylum-seeked person or person to be protected will be taken. The Federal Council may provide for exceptions for minors under 14 years of age. ¹

² Fingerprints and photographs are recorded in a database managed by the Federal Police Office and the SEM, without any mention of the person's personal data. ²

³ The fingerprints found are compared with those recorded by the Federal Police Office. ³

⁴ If the Federal Office of the Police finds that new fingerprints are in agreement with previously registered fingerprints, it shall inform the SEM and the cantonal police authorities concerned, as well as the Border Guard Corps. Mentioning the personal data of the person concerned (surname, first name, loan names, date of birth, sex, reference number, personal number, nationality, control number of the process and the canton to which it was assigned). In the case of data entered by the police, it also indicates, in coded form, the date, location and pattern of the fingerprint examination. ⁴

⁵ SEM uses this data to:

A.

Verify the identity of the person concerned;

B.

Verify that the person concerned has not already requested the asylum;

C.

Check whether there is any data that confirms or disproves the individual's statements;

D.

Check whether there is any data that casts doubt on the possibility for the person concerned to receive the asylum;

E.

Facilitate administrative assistance between the SEM and the police authorities.

⁶ No person shall disclose to any other person any personal data transmitted under para. 4 without the master of the file. Art. 6, para. 1, of the Federal Law of 19 June 1992 on Data Protection ⁵ Applies by analogy.

⁷ The data is destroyed:

A.

Whether asylum is granted;

B.

No later than ten years after the rejection in force, after the withdrawal or classification of an application for asylum or after a decision on non-entry into the matter;

C. ⁶

For persons to be protected no later than ten years after the lifting of provisional protection.

¹ SEM operates an information system for registration and procedure centres and airport accommodation (MIDES).

² The MIDES serves:

A.

Processing personal data relating to asylum seekers and persons to be protected, including sensitive data and personality profiles, as defined in Art. 3, let. C and d, of the Federal Law of 19 June 1992 on Data Protection ¹ ;

B.

To control the affairs, to conduct the asylum procedure, to plan and organise accommodation.

³ It contains the following personal data:

A.

The data relating to the identity of the registered person, namely the name, first name, sex, date and place of birth, nationality, ethnicity, religion, marital status, address, name of the parents;

B.

Minutes of summary hearings conducted at the registration and procedural centres and at airports in accordance with Art. 22, para. 1, and 26, para. 2;

C.

Biometric data;

D.

Indications concerning housing;

E.

The status of the case.

⁴ The personal data listed in para. 3, let. A and e are included in the central migration information system (SYMIC).

⁵ Asylum seekers and persons to be protected shall be informed, in particular, of the purpose of the processing for which the data are being collected and the categories of recipients of the data.

Have access to the MIDES, provided that this is necessary to carry out their tasks:

A.

SEM collaborators;

B.

Authorities within the meaning of s. 22, para. 1;

C.

Third parties mandated by s. 99 C .

¹ The SEM may authorise third parties to collect biometric data, maintain security or ensure administration and supervision in the registration and procedure centres and in the accommodation of airports to be dealt with in the MIDES personal data within the meaning of s. 99 A , para. 3, let. A, c and d.

² It shall ensure that the relevant third parties comply with the applicable data protection and computer security requirements.

¹ The SEM is responsible for the security of the MIDES and the legality of the processing of personal data.

² The Federal Council regulates:

A.

The organization and operation of the MIDES;

B.

The catalogue of personal data to be processed;

C.

Access rights;

D.

Technical and organizational safeguards to prevent unauthorized processing;

E.

Duration of data retention;

F.

Archiving and destruction of data at the end of the shelf life.

¹ The redress authorities manage an information system to record the appeals filed with them, to monitor cases and to compile statistics.

² This system may contain sensitive data and personality profiles provided that the fulfilment of the tasks laid down by the law depends on it.

^2bis Incorrect data must be corrected ex officio. The person who caused these errors because they have breached their obligation to cooperate may be charged the costs resulting from the correction. ³

¹ SEM, in cooperation with the Federal Administrative Tribunal, operates an automated information and documentation system. This system contains information and documents from various data banks and on the tasks of the SEM and the Federal Administrative Tribunal. If necessary, personal data contained in the texts may also be entered, including information on the identity of a person, sensitive data and personality profiles. ¹

² Only the collaborators of the SEM and the Federal Administrative Tribunal have access to databases containing sensitive data and personality profiles. ²

³ Access, through an appeal procedure, to databases containing mainly technical information from public sources may be granted, upon request, to external users.

⁴ The Federal Council regulates the modalities, including access to the system and the protection of the personal data recorded there.

In order for the SEM to be able to manage the allowances paid to the cantons, the Federal Statistics Office regularly transmits anonymous and aggregated data relating to persons subject to asylum legislation receiving benefits Social assistance.

¹ Within the framework of the application of the association agreements in Dublin ¹ , SEM is responsible for the exchange of data with the central unit of the Eurodac system.

² The SEM shall transmit the following data to the system unit within 72 hours of the filing of the request:

A.

The place and date of the application for asylum in Switzerland;

B.

The applicant's sex;

C.

Fingerprints identified in accordance with s. 99, para. 1;

D.

The date on which fingerprints were identified;

E.

The reference number assigned by Switzerland to fingerprints;

F.

The date the data was transmitted to the system unit;

G.

The operator identification code. ²

^2bis If fingerprinting is not possible due to the state of the person's fingers, they must be delivered to the central unit within 48 hours after a quality seizure is possible. If the seizure is not possible due to the state of health of the person or public health measures, the fingerprints shall be transmitted to the system unit within 48 hours after the reason for the prevention has disappeared. ³

^2ter If serious technical problems prevent the transmission of data, an additional 48 hours is granted in order to implement the measures provided for in order to guarantee the operation of the system. ⁴

^2c The SEM also transmits the following data to the system unit:

A.

In the case of a person taking charge under the Regulation (EU) n ^O 204/2013 ⁵ : the date on which she arrived in Switzerland;

B.

In the event of a takeover of a person under the Regulation (EU) n ^O 604/2013: the date on which she arrived in Switzerland;

C.

Where it is proved that an applicant, whose application is to be processed by Switzerland under the Regulation (EU) n ^O 604/2013, left the territory of the states bound by one of the association agreements in Dublin more than three months ago: the date of its departure;

D.

After the execution of the reference: the date of referral or the date on which the applicant left the territory of the States bound by one of the association agreements in Dublin;

E.

Whether Switzerland voluntarily becomes, by making use of the sovereignty clause of the Regulation (EU) n ^O 604/2013, the Dublin State responsible for processing the application: the date on which this decision was taken. ⁶

³ The data transmitted shall be recorded in the Eurodac database and then automatically compared with the data already recorded in it. The result of the comparison is communicated to the SEM. ⁷

⁴ The system unit automatically destroys the data ten years after the fingerprint survey. If a person from whom Switzerland has transmitted the data to Eurodac obtains the nationality of a State bound by one of the association agreements in Dublin before the expiry of that period, the SEM shall request the early destruction of the data of the Person concerned as soon as he or she becomes aware of this fact.

¹ An expert shall carry out a fingerprint check in the case of a positive response following a consultation with Eurodac.

² The SEM defines the qualifications of the fingerprint expert.

The communication of personal data to the competent authorities of the states bound by one of the association agreements in Dublin shall be treated as a communication between federal bodies.

¹ No personal data may be disclosed to a third country if it does not provide an adequate level of data protection.

² Personal data may be provided, in particular cases, to a third State despite the absence of an adequate level of data protection:

A.

If the person concerned has undoubtedly given his consent; if it is sensitive data or personality profiles, the consent must be explicit;

B.

The communication is necessary to protect the life or bodily integrity of the person concerned; or

C.

If the communication is indispensable for the safeguarding of a preponderant public interest or for the recognition, exercise or defence of a right to justice.

³ Personal data may be disclosed outside of the cases referred to in para. 2 where sufficient guarantees allow adequate protection of the data subject in particular cases.

⁴ The Federal Council shall determine the scope of the guarantees to be provided and the manner in which they are to be provided.

⁵ The data from the Eurodac database cannot be transmitted in any way:

A.

A State which is not bound by one of the Association Agreements in Dublin;

B.

International organizations;

C.

To private entities. ¹

The right of access is governed by federal or cantonal data protection provisions. ¹ In addition, the file master provides the information that it has about the origin of the data.

¹ The cantons shall provide at least one instance of appeal against decisions taken by their authorities on the basis of this Law and its implementing provisions.

² Proceedings against cantonal decisions taken at the last instance shall be governed by the general provisions of the federal procedure, unless otherwise provided for in this Law.

The appeal against the decisions of the SEM is governed by the Act of 17 June 2005 on the Federal Administrative Tribunal ² .

¹ The grounds of appeal are as follows:

A.

Violation of federal law, including abuse or excess in the exercise of the power of assessment;

B.

Inaccurate or incomplete establishment of the relevant fact situation;

C. ²

...

² Art. 27, para. 3, and 68, para. 2, are reserved.

¹ Incidental decisions taken pursuant to s. 10, para. 1 to 3, and art. 18 to 48 of this Act, as well as s. 71 LEtr ¹ , can be challenged only in the context of an appeal against the final decision. The appeal against decisions taken pursuant to s. 27, para. 3, is reserved. ²

² In addition, they may be challenged by a separate remedy if they are likely to cause irreparable harm:

A.

Provision of provisional measures;

B.

Decisions that result in a stay of proceedings, with the exception of decisions under s. 69, para. 3.

³ ... ³

¹ The appeal lodged against a decision not to enter into the asylum application of an applicant who may go to a country competent to conduct the asylum and removal procedure under an international treaty does not have suspensory effect.

² During the appeal period, the asylum-seeker may apply for the suspension to be granted.

³ The Federal Administrative Tribunal shall rule on the application referred to in para. 2 within five days of filing. Where the suspensory effect is not granted within five days, the removal may be carried out.

¹ The appeal period begins to run as soon as the decision is notified; it is 30 days for decisions and ten days for incidental decisions.

² The period of appeal against decisions of non-entry in the field and against decisions referred to in Art. 23, para. 1, and art. 40 in relation to art. 6 A , para. 2, let. A, is five working days. ²

³ The refusal to enter Switzerland under Art. 22, para. 2, may be appealed as long as the decision under s. 23, para. 1, was not notified.

⁴ An appeal for the purposes of examining the legality and suitability of the assignment of a place of residence at the airport or other appropriate place in accordance with Art. 22, para. 3 and 4, as well as for the purposes of the review of the issuance of detention by the SEM under s. 76, para. 1, paragraph b, c. 5, or 76 A LEtr ³ Can be launched at any time. ⁴

⁵ Any documents transmitted by fax shall be deemed to have been validly lodged if it reaches the Federal Administrative Court within the time limits and the signed original reaches it in accordance with the rules laid down in Art. 52, para. 2 and 3, of the Federal Act of 20 December 1968 on the administrative procedure ⁵ . ⁶

Where the applicant is the subject of an extradition request within the meaning of the Act of 20 March 1981 on international mutual assistance ² , the appeal authorities take account of the case relating to the extradition procedure in order to rule on the use of asylum.

¹ The Federal Administrative Court shall rule as a general rule within five working days on appeals against decisions of non-entry in the field and against decisions referred to in Art. 23, para. 1, and art. 40 in relation to art. 6 A , para. 2, let. A. ²

² ... ³

³ The Federal Administrative Court shall act without delay, and as a general rule on file, on appeals against decisions taken under Art. 22, para. 2 to 4, and under s. 76, para. 1, paragraph b, c. 5, LEtr ⁴ .

⁴ In cases other than those referred to in paras. 1 and 3, the Federal Administrative Tribunal shall rule as a general rule on appeals within 20 days. ⁵

⁵ The Federal Administrative Court shall act with due care when the applicant is detained for the purpose of extradition. ⁶

The prioritisation and administrative processes of the first and second proceedings are the subject of a regular exchange of information between the DFJP and the Federal Administrative Court.

The Federal Administrative Tribunal defines a business treatment strategy; in this respect it takes into account:

A.

The SEM strategy referred to in s. 37 B ;

B.

Statutory deadlines for the use and processing of cases.

¹ The additional time allowed for the regularization of an appeal is seven days; it is three days for an appeal against a decision of a non-entry in the matter or against a decision made under s. 23, para. 1, or 111 B . ¹

² The time limit for providing evidence is seven days if these means are in Switzerland and 30 days if they are abroad. Expertise must be provided within 30 days.

³ An additional period may be granted if the appellant or his representative have been prevented from acting within the time limit, in particular because of illness or accident.

⁴ The time limit shall be no more than two working days for procedures concerning:

A.

The refusal of entry into Switzerland and the assignment of a place of residence as part of the procedure at the airport provided for in Art. 22, para. 2 to 4;

B.

Detention in accordance with art. 76, para. 1, paragraph b, c. 5, LEtr ² . ³

¹ The Federal Administrative Court shall appoint an ex officio representative only in appeals against the following decisions where an applicant who has been excused from paying the procedural costs has made the request:

A.

Non-entry decisions and negative asylum decisions with a removal order made under s. 31 A And 44;

B.

Decisions concerning the revocation and termination of asylum under ss. 63 and 64;

C.

Decisions to waive the provisional admission of persons in the field of asylum under s. 84, para. 2 and 3, LEtr ² ;

D.

Decisions on the granting of provisional protection under chap. 4 of this Act.

² An exception is the remedies referred to in para. 1, when they are trained in Dublin procedures (Art. 31 A , para. 1, let. (b) review procedures, review procedures or multiple applications. In these cases and in cases other than those referred to in para. 1, art. 65, para. 2, of the Federal Act of 20 December 1968 on the administrative procedure ³ Is applicable.

³ In the case of appeals lodged under this Law, the holders of a university degree in law who, in professional capacity, advise and represent applicants for asylum, are also entitled to provide mutual legal assistance Office.

A single judge shall rule in the following cases:

A.

Filing of an appeal without an object;

B.

Non-entry in respect of manifestly inadmissible appeals;

C.

Decision on the provisional refusal of entry into Switzerland and the assignment of a place of residence to the airport;

D. ²

Detention ordered by the SEM under ss. 76, para. 1, paragraph b, c. 5, or 76 A LEtr ³ ;

E.

Manifestly unfounded or unfounded, provided that a second judge agrees.

¹ The Federal Administrative Tribunal may waive an exchange of entries. ²

² Delivered on appeal within the meaning of s. 111 is based only briefly.

¹ The request for a duly reasoned review shall be filed in writing with the SEM within 30 days following the discovery of the ground for review. For the remainder, the procedure is governed by s. 66-68 of the Federal Act of 20 December 1968 on administrative procedure ² .

² Non-entry decisions shall normally be made within five working days of the filing of the request for review. In other cases, decisions are made generally within 10 working days of the filing of the application.

³ 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, upon request, grant the suspensive effect if the applicant is in danger in his or her State of origin or of origin.

⁴ Unfounded or repeated requests for reconsideration are classified without a formal decision.

¹ A request for asylum lodged within five years of the entry into force of an asylum or referral decision shall be submitted in writing and duly substantiated. The grounds for non-entry in respect of s. 31 A , para. 1 to 3, apply.

² Multiple unsubstantiated or repeated requests for the same reasons are classified without a formal decision.

¹ The SEM collects a fee when it rejects a request for a review or a multiple application or does not enter into the matter. If the application is partially approved, the fee is reduced. No compensation is allocated.

² The SEM shall, on request, provide the person who has filed the request for review or the multiple application for the payment of the costs of the proceedings if it is indigent and its application does not immediately appear doomed to failure.

³ The SEM may collect from the applicant an advance of costs equivalent to the costs of the alleged proceedings. It shall provide it with a reasonable period of time by warning that, in the absence of payment, it will not enter into matter. It waives the charge in the following cases:

A.

The conditions set out in para. 2 are completed;

B.

In the proceedings concerning an unaccompanied minor, the request for a review or the multiple application does not immediately appear doomed to failure.

⁴ The Federal Council establishes a tariff of fees and fixes the amount of the advance fee.

During the course of the appeal proceedings, the limitation of the financial claims of the Confederation to grant or social assistance recipients is not short; it is suspended if it had started to run.

If the penalty is not a crime or an offence for which the Penal Code is not a criminal offence, it shall be punishable by a pecuniary penalty of 180 days ² Provides for a more severe punishment, anyone who:

A.

Improperly obtains a pecuniary benefit for himself or for another person, on the basis of this Law, by making inaccurate or incomplete declarations or otherwise;

B.

Wholly or partly subtracts from the obligation to pay special tax within the meaning of s. 86, by making incorrect or incomplete statements or otherwise;

C.

As an employer, deducts special taxes from an employee's wages without using them for the purposes intended;

D. ³

Assists others in the commission of an offence within the meaning of s. 116, let. C, in particular by planning or organizing it, with the intention of obtaining an enrichment ..

To be punished by the fine, unless the de facto state is in the art. 115, which:

A.

Have violated the obligation to inform, knowingly making incorrect statements or refusing to give information;

B.

Have objected to an order ordered by the competent authority or prevented it in any other way;

C. ¹

Will have, as an applicant for asylum, deployed public political activities in Switzerland only with the intention of creating subjective grounds after the leak within the meaning of s. 54;

D. ²

Have assisted others in the commission of an offence within the meaning of the let. C, in particular by planning or organizing it.

¹ Any person who has breached the terms and conditions of payment under s. 86, para. 4, may, after having been summoned to execute, be punished by a fine of not more than 1000 francs. In the event of a repeat offence within two years, a fine of up to 5,000 francs may be imposed.

² The SEM is competent to impose a fine of order.

Offences and offences committed in the management of a corporation, a partnership or an individual enterprise, or in the management of a community or institution governed by public law, are governed by s. 6 and 7 of the Federal Act of 22 March 1974 on administrative criminal law ¹ .

To be fined the person who processed personal data recorded in Eurodac for a purpose other than determining the State responsible for examining the application for asylum lodged by a third-country national in a State to which Apply the Association Agreements in Dublin.

The criminal prosecution is the responsibility of the cantons.