(art. 6 A , para. 2, let. A, and 3, LAsi)

¹ The following are considered to determine whether the State of origin or provenance is free from persecution:

A.

Political stability;

B.

Respect for human rights;

C.

Advice from other EU or EFTA countries and the Office of the United Nations High Commissioner for Refugees (UNHCR);

D.

Other specific characteristics of the country.

² The States mentioned in Annex 2 are considered to be free of persecution.

(art. 8, para. 1, let. A and b, LAsi)

The claimant is obliged to submit all his documents, in particular those who establish his identity, his origin and the route he has followed to Switzerland, or whose information may follow.

(art. 13, para. 3 and 5, LAsi)

The notification shall be communicated without delay to the representative, if necessary by fax, provided that such transmission is technically possible. For that purpose, reference must be made to Art. 13, para. 3, or s. 13, para. 5, LAsi, which governs the notification of decisions to asylum seekers.

(art. 17, para. 2, LAsi)

When spouses, registered partners or a family apply for asylum, each person seeking asylum is entitled, insofar as it is capable of discernment, to have his or her own grounds for asylum examined.

(art. 17, para. 2, LAsi)

If there are concrete indications of persecution of a sexual nature or if the situation in the State of origin makes it possible to infer that there are such persecutions, the person seeking asylum shall be heard by a person of the same sex.

(art. 17, para. 2, 3 and 6, LAsi) ²

¹ In establishing the facts, it is open to the authorities to determine whether the age indicated by the claimant corresponds to his actual age by using scientific methods.

² Where it is not possible to establish a guardianship or guardianship in favour of a minor asylum seekner not accompanied by the award decision in the canton, the competent cantonal authority shall appoint a person of confidence without delay For the duration of the asylum and removal procedure, but the term of office of that person shall, however, terminate the appointment of a guardian or guardian or the majority of the person concerned.

^2bis The activity of the person of trust begins with the summary hearing referred to in s. 26, para. 2, LAsi and lasts until the decision on the application for asylum comes into force. In a Dublin procedure, it lasts until the minor is transferred to the competent Dublin State and also extends to the procedures referred to in Art. 76 A And 80 A Federal Law of 16 December 2005 on Foreigners (LEtr) ³ . ⁴

³ The person of trust must have knowledge of the right to asylum and the law relating to the Dublin procedure. It guides and supports the unaccompanied minor throughout the asylum procedure or the Dublin procedure and performs the following tasks in particular:

A.

Advice before and during the hearings;

B.

Support for the indication and obtaining of evidence;

C.

Assistance, in particular in communication with the authorities and with health care facilities. ⁵

⁴ The cantonal authority immediately communicates to the State Secretariat for Migration (SEM) ⁶ Or the Federal Administrative Tribunal, as well as the minors, the name of the designated trust person and all the tutelary measures taken. ⁷

⁵ Persons responsible for the hearing of minor asylum applicants take into account the particular aspects of the minority.

(art. 17, para. 4, LAsi)

¹ The SEM shall inform asylum seekers who file an application at an airport or in a registration centre, in writing or in another appropriate manner and in a language which is understandable to them, of the possibility that they may have recourse to Legal counsel or legal representative.

² The MS gives asylum seekers, in airports, the registration centres and the specific centres referred to in Art. 26, para. 1 ^Bis , LAsi, the means of appealing to a legal adviser or legal representative. ²

³ The Department enacts in an order provisions on the terms of personal contact between the legal adviser or the legal representative and his or her principal. ³

(art. 17 A LAsi)

The SEM does not receive any fees for the benefits it provides to other federal authorities, as well as to the cantonal or communal authorities, and does not charge any fees, to the extent that these authorities themselves make use of these benefits.

(art. 111 D , para. 4, LAsi) ²

¹ The fee caused by the procedure within the meaning of s. 111 B And 111 C LAsi is 600 francs. ³

² A supplement of up to 50 % of the fee is levied for proceedings of extraordinary duration or of particular difficulty.

³ Special taxes cannot be used to cover the advance of fees.

⁴ In so far as this order does not provide for special rules, the provisions of the General Order of 8 September 2004 on emoluments ⁴ Apply.

(art. 19, para. 1, LAsi)

¹ Where a foreign national submits to a cantonal or federal authority, the authority shall:

A.

Identifies its full identity;

B.

Send it to the nearest registration centre and notify the nearest registration centre; and

C.

Issues a pass.

² The claimant must report to the registration centre at the latest in the following working day.

³ Requests for asylum from persons in detention or serving a sentence should be addressed to the cantonal authorities.

⁴ Children under the age of 14 who came to join their parents in Switzerland file their application for asylum directly with the authorities of the canton of residence of the latter.

(art. 21 to 23 LAsi)

¹ In the case of a person arriving in Switzerland by air, the country from which the aircraft departed for Switzerland is assimilated to the country of direct entry into Switzerland.

² The SEM may also authorise entry into Switzerland:

A.

Where the claimant has close ties with persons living in Switzerland; or

B. ²

When Switzerland has jurisdiction to conduct the asylum procedure under Regulation (EU) No 604/2013 ³ And that the claimant did not travel directly from his or her State of origin or origin to the Swiss border, but it is likely that he left that State for one of the reasons set out in Art. 3, para. 1, LAsi and that he sought to reach the Swiss border without delay. ⁴

³ The SEM may authorise entry on humanitarian grounds even if the competence of Switzerland to conduct the asylum procedure under Regulation (EU) No 604/2013 is not established. ⁵

(art. 22 (LAsi)

¹ The competent authority for border control shall immediately notify the MS of applications for asylum lodged at a Swiss airport.

² The Department enacts in an ordinance provisions concerning the operation of accommodation located at airports, in particular the use of premises in which asylum seekers stay, accommodation, occupancy of rooms, The possibility of walking in the open air and the custody of the objects belonging to the applicants. ²

³ The SEM may enter into regulations for the operation of confederation housing with the competent authorities at the airports of Zurich-Kloten and Genève-Cointrin or third parties.

(art. 26, LAsi)

¹ During his stay at the registration centre, the claimant must remain at the disposal of the authorities.

² The length of stay does not exceed 90 days. For fair reasons, it can be extended for a few days. ²

(art. 26, para. 1, LAsi)

¹ In the event of a special situation due to the temporary or sustainable increase in the number of asylum applications, the registration centres may, in order to guarantee the accommodation of asylum seekers, also manage delocalised sites such as Transit centres, emergency shelters and makeshift shelters. However, it is not possible to apply for asylum there.

² The stay of asylum seekers at these delocalised sites is authorised until the cantonal authorities have the necessary infrastructure, but at most for 12 months.

(art. 26, para. 1 ^Bis And 1 ^Ter LAsi)

¹ The SEM may assign to a specific centre the asylum-seeable person who is in a registration centre and threatens public safety and order or, by his or her behaviour, significantly affects the operation of the registration centre. The SEM takes into account the principle of family unity.

² Security and public order are threatened when concrete evidence indicates that the behaviour of the claimant is likely to lead to a breach of security and public order.

³ In particular, there is a significant damage to the operation of a registration centre when the claimant:

A.

Seriously violates the rules of procedure of the registration centre, in particular because it possesses or retains weapons or narcotics, or violates, repeatedly, an exit ban;

B.

Fails to comply with the instructions for the conduct of the person in charge of the registration centre or his representative and, as such, harasses, threatens or endangers, repeatedly, staff or other asylum applicants;

C.

Obstructing, repeatedly, the proper functioning of the registration centre, in particular by refusing to participate in domestic work or by not respecting the night rest period.

⁴ The SEM shall immediately inform the competent cantonal authority concerning the assignment of a place of residence and the prohibition of entry into a specified area referred to in Art. 74 LEtr ² The reasons for the assignment to a specific centre. ³

⁵ Where the SEM is of the opinion that the conditions for the assignment of a place of residence or the prohibition of entering a specified region within the meaning of s. 74 LEtr may be completed, it must be communicated immediately to the competent cantonal authority.

⁶ The decision to assign to a specific centre can only be challenged in the context of an appeal against the final decision.

(art. 26, para. 1 ^Bis And 1 ^Ter , LAsi)

¹ During his stay in the specific centre, the claimant must be available to the authorities.

² Following the entry into force of the decision to execute the reference, the stay in the specific centre may be extended by the SEM. The length of stay does not exceed 140 days from the date of the assignment.

(art. 26, para. 2 ^Ter , LAsi)

The SEM may, with a view to ensuring the operation of the delocalised sites, entrust to third parties tasks which do not fall within the scope of public authority. The latter are subject to the obligation to keep the secret in the same way as the staff of the Confederation.

(art. 26, para. 3, LAsi)

The Department enacts in an order provisions on the operation of the registration centres, specific centres referred to in s. 26, para. 1 ^Bis , LAsi and delocalised sites, in particular on hours of operation, the right of access, the conditions of entry and exit, as well as the custody of the objects belonging to the asylum seekers.

(art. 26, para. 1 ^Ter And 2, LAsi) ²

¹ Further clarification is possible in the registration centres, the specific centres or the delocalised sites in order to verify the identity of the claimant. ³

² The summary hearing shall take place, if necessary, in the presence of an interpreter. The minutes of the hearing are returned to the claimant and signed by all the persons who took part in the hearing. The summary hearing may be replaced by the hearing on the grounds for asylum within the meaning of s. 29 LAsi.

(art. 25 A LAsi)

¹ The interview is conducted at the summary hearing referred to in s. 26, para. 2, LAsi.

² If the summary hearing is replaced by the hearing on the grounds for the application for asylum under s. 29 LAsi, counselling shall be conducted immediately before the commencement of the hearing.

(art. 26 ^Bis LAsi)

¹ The SEM shall inform the claimant of asylum of the applicable legal regulations if he claims an injury to health which could prove decisive in the context of the asylum and removal procedure.

² The SEM shall, in agreement with the Federal Office of Public Health, issue guidelines for the delimiting of the medical examination referred to in Art. 26 ^Bis , para. 2, LAsi in relation to sanitary measures at the border based on the Federal Law of 18 December 1970 on the fight against transmissible diseases of man ² .

(art. 22, para. 6, 23, para. 2, and 27 LAsi) ¹

¹ Asylum seekers registered in the registration centres or in Swiss airports are allocated to the cantons by the SEM according to the following distribution key:

² ... ²

³ Persons whose removal is carried out from a registration centre or from a specific centre referred to in Art. 26, para. 1 ^Bis , LAsi is allocated to the canton in which the centre is located. ³

(art. 27, para. 3 and 4, LAsi) ¹

¹ The SEM allocates asylum seekers between the cantons as uniformly as possible, taking into account the presence in Switzerland of members of their families, their nationality and, in particular, their need for supervision.

² The SEM decides to change a canton asylum applicant only if the two cantons concerned consent to it, following a claim to the principle of unity of the family or in the event of a serious threat to the person concerned or other persons.

(art. 22, para. 6, 23, para. 2, and 27 LAsi)

The cantons designate the authority to which the claimant must report within 24 hours of leaving the registration centre, the specific centre referred to in s. 26, para. 1 ^Bis , LAsi or the airport.

(art. 29, para. 4, LAsi)

The SEM may agree with the cantons on the conduct of hearings on the grounds for applications for asylum, in particular:

A.

When the cantonal authorities conduct the hearings; and

B.

On the training by the SEM of the cantonal staff responsible for the hearings.

(art. 30, para. 2, LAsi)

¹ Swiss mutual assistance works affiliated with the Swiss Refugee Aid Organization at the time of entry into force of this order shall be considered as authorized.

² Other Swiss self-help works can benefit from an authorization if they guarantee that they are able to carry out the tasks defined in art in a sustainable manner. 30 of the Act.

(art. 30, para. 3, LAsi)

¹ Dates of hearings in accordance with Art. 30, para. 3, of the law are, as a general rule, communicated to the Swiss Refugee Assistance Organisation or to a service designated by the latter at least five working days in advance.

² If the representative of the self-help works does not comply with the invitation or do not appear at the time of the hearing, the latter may take place without the presence of the representative. It has its full legal effect.

(art. 30, para. 4)

¹ The representative of the works of mutual assistance shall have the opportunity to read, as a general rule, two hours before the hearing, the contents of the minutes of hearings already drawn up.

² He may take handwritten notes on the observations he makes during the hearing. These notes, however, can only be given to the claimant at the end of the first instance proceedings. Similarly, they may be given to a possible representative or to third parties only at the end of the first instance procedure and only with the consent of the applicant.

³ The representative of the self-help works who interfered with the conduct of the hearing received a warning from the listener. If the warning has no effect, the latter may exclude it from the hearing. In this case, the grounds for the exclusion are recorded in the minutes. The representative of the self-help works can determine this incident.

⁴ Where the representative of the works of assistance is excluded from the hearing, the latter may be completed without the presence of the representative. It has its full legal effect.

(art. 31, LAsi)

¹ The Federal Department of Justice and Police adopts the principles governing the substance and organisation of asylum decisions and regulates the exchange of information between the SEM and the cantons.

² Where an appeal is lodged against a decision prepared by a canton and the Federal Administrative Court orders an exchange of entries, the SEM may request the opinion of the canton. ¹

³ Every person appointed by a canton to prepare asylum decisions is subject to the duty of care and the obligation to keep the secret in the same way as the staff of the Confederation. For technical questions, it must comply with the instructions of the SEM.

(art. 31 A LAsi)

When appraising asylum applications, the SEM may request the opinion of UNHCR.

(art. 29 A LAsi) ²

Agreements on cooperation in establishing the facts guarantee respect for the rule of law. 98 LAsi.

(art. 31 A , para. 1, let. B LAsi) ²

¹ The SEM examines the competence relating to the processing of an asylum application according to the criteria laid down in Regulation (EU) No 604/2013 ³ . ⁴

² If it is clear from this examination that another State is responsible for the processing of the asylum application, the SEM makes a decision of non-entry into the matter after the requested State has accepted the taking or resumption of the asylum application.

³ The SEM may, for humanitarian reasons, also process the application where it is clear from the examination that another State is competent.

⁴ The procedure for taking or retaking of the applicant for asylum by the competent State takes place in accordance with Regulation (EC) No 1560/2003 ⁵ . ⁶

(art. 35 A LAsi)

¹ The reopening of the asylum procedure is recorded in an incident decision.

² If an asylum seeer has already been granted to a canton in the course of an earlier procedure, the canton in question remains competent in the case of reopening the procedure.

(art. 31 A , para. 1, let. F, and. 31 B LAsi)

¹ The SEM may make a decision on non-entry under s. 31 A , para. 1, let. F, LAsi on the basis of a decision on asylum and referral by the competent Dublin State:

A.

Whether the decision on asylum and referral establishes that the conditions for granting protection are not met; or

B.

In the case of a non-entry decision on the basis of a subsequent application containing no new elements.

² The costs of carrying out the reference shall be reimbursed in accordance with Art. 7 of Directive 2001 /40/EC ² And by virtue of Decision 2004 /191/EC ³ The SEM is the point of contact within the meaning of this decision.

(art. 42, para. 1, LAsi)

¹ Where, in all likelihood, the claimant is entitled to stay in Switzerland until the end of the procedure, the cantonal authority shall issue a booklet N, whose validity, limited to a maximum of six months, may be extended. This document certifies exclusively that he has applied for asylum and acts as a legitimation in front of all federal and cantonal authorities. It does not allow it to cross the border.

² The booklet N does not confer any right of residence, regardless of the length of validity of this document.

³ The alien is stripped of his libretto N when he leaves Switzerland voluntarily or when his residency requirements are regulated by the foreigners' police.

(art. 44, para. 1, LAsi)

The return of Switzerland cannot be pronounced when the asylum-seeperson

A.

Has a valid residence or establishment authorization;

B.

Is the subject of an extradition decision; or

C. ¹

Is the subject of a removal order pursuant to s. 121 of the Constitution ² .

(art. 46, LAsi)

¹ Where more than one family member of the same referral decision does not take into account the period of departure, it is possible, if necessary, to carry out their removal in stages.

^1bis L' al. 1 applies by analogy to registered partnerships. ¹

² The cantonal authority shall communicate to the MS, within 14 days, all the references carried out, the departures under control, the unauthorised passages and the cases where the conditions of residence are regulated.

(art. 47, LAsi)

The cantons send their applications for registration to the computerized police search system directly to the Federal Police Office.

(art. 50, LAsi)

¹ The stay of a refugee in Switzerland is regular when the latter complies with the provisions applicable to foreigners in general.

² The stay is considered to be continuous when, during the last two years, the refugee has not lived for more than six months abroad. In the case of a longer absence, the stay is considered to be uninterrupted only when it is due to compelling reasons.

(art. 17, para. 2 and art. 51, LAsi)

Refugee status is not extended to the spouse, registered partner or relative of the beneficiary under s. 51, para. 1, of the Act, that, if found, pursuant to s. 5, that they do not personally meet the requirements of s. 3.

(art. 60, LAsi)

¹ The conditions of residence of a person who has been granted asylum in Switzerland are regulated by the canton to which that person, once he has entered Switzerland, has been granted asylum. If, in the course of the asylum procedure, that person has, in accordance with art. 22, para. 2, assigned by the SEM to another canton, the competence in this matter belongs to the latter.

² ... ¹

(art. 62, LAsi)

The admission of refugees to federal examinations for the medical professions is governed by the General Order of November 19, 1980, concerning the Federal Medical Examination ¹ And by the Order of 21 February 1979 on the admission of refugees to federal examinations of the medical professions ² .

(art. 64, LAsi)

¹ Extinction of asylum takes precedence over its removal.

² The cantonal authority may, before the execution of administrative or judicial expulsion, apply to the SEM if, in its opinion, possible impediments do not prevent it.

(art. 72, LAsi)

Persons newly arrived in Switzerland who have obtained provisional protection in accordance with Art. 68, para. 1, or 69, para. 2, of the law shall be distributed among the cantons according to the distribution key set out in Art. 21, para. The distribution of these persons and the distribution of asylum seekers is carried out separately. The allocation, as well as any change in the township, is governed by s. 22, applicable by analogy.

(art. 74, LAsi)

¹ During the first five years following the granting of provisional protection, persons to be protected shall receive an S-book, whose validity, limited to a maximum of one year, may be extended. This document is a piece of legitimation in front of all federal and cantonal authorities. However, it does not allow them to cross the border.

² The S booklet does not confer any right of residence, regardless of the length of validity of this document.

³ A foreigner is stripped of his S libretto when he leaves Switzerland voluntarily or when his residency requirements are regulated by the foreigners' police.

(art. 74, para. 2, LAsi)

¹ Persons to be protected by a residence permit under s. 33 LEtr ¹ Obtain a booklet B, issued for a maximum period of one year. Subject to para. 2, the canton of residence shall extend the validity of this document, as a general rule, for a maximum period of one year each time. ²

² The residence permit is valid only for the duration of the provisional admission. It shall terminate on the date fixed by the Federal Council in its decision to lift the provisional protection.

³ The stay of the alien until the execution of the reference is, by analogy, governed by art. 42 and 43 of the Act.

(art. 76, para. 1, LAsi)

The general decision to lift temporary protection is published in the Federal Worksheet.

(art. 35 and 76, para. 2, LAsi)

The right to be heard shall be exercised, in general, in writing.

(art. 76, para. 4, LAsi)

By the decision to refer, any request for recognition of refugee status, which is still pending, becomes moot and must be dismissed.

(art. 76, para. 4, LAsi)

The content of the removal order must be in accordance with s. 45 of the Act. The SEM shall specify, in particular, the period of departure.

(art. 78, para. 1, let. C, LAsi)

The term "long" means, as a general rule, fifteen days.

(art. 78, para. 4, LAsi)

A foreigner who, in accordance with s. 29 and 30 of the law, has already been heard before obtaining provisional protection is not the subject of another hearing, but has the possibility of exercising its right to be heard. This right is exercised, as a general rule, in writing.