Rs 142.311 Order 1 Of August 11, 1999 On Asylum Procedure (Order 1 On Asylum, Oa 1)

Original Language Title: RS 142.311 Ordonnance 1 du 11 août 1999 sur l’asile relative à la procédure (Ordonnance 1 sur l’asile, OA 1)

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142.311 order 1 on asylum procedure (Ordinance 1 on asylum, OA 1) of August 11, 1999 (status September 29, 2015) the federal Council Swiss view of art. 119 of the law on asylum (LAsi) of 26 June 1998, stop: Chapter 1Champ of application and definitions art. 1 scope of application the present order shall apply insofar as the Dublin association agreements have not otherwise.
The Dublin association agreements are mentioned in annex 1.

New content according to section I of the O on June 12, 2015, in effect since July 1. 2015 (2015 1873 RO).

Art. 1 Definitions for the purposes of this order, means: a. identity: the names and nationalities, ethnicity, date and place of birth, and sex; b. travel document: any official document authorizing entry in the State of origin or in other States, such as a passport or a replacement travel document; c. identification or identification documents : any official document with a photograph issued in order to prove the identity of the holder; d. minor: anyone who has not yet 18 years of age in accordance with art. 14 of the Swiss civil code; e. family: spouses and their minor children; are assimilated to spouses, registered partners and people who live in concubinage in a sustainable way; the proceedings of Dublin, both family members and loved ones refer to Regulation (EU) no 604/2013.

New content according to no I 3 of the O on June 12, 2015, adjusting of acts because of what's new in relation to the Dublin/Eurodac acquis, in effect since July 1. 2015 (2015 1849 RO).
SR 210 new content according to no I 3 of the O on June 12, 2015, adjusting of acts because of what's new in relation to the Dublin/Eurodac acquis, in effect since July 1. 2015 (2015 1849 RO).
R (EU) no 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a national of a third country or a stateless person (recast), OJ L 180 of the 29.6.2013 version, p. 31.

Chapter 2 asylum Section 1 provisions general art. 2Etat of origin or free source of persecution (art. 6, para. 2, let. a and 3, LAsi) are considered to determine if the State of origin or provenance is exempt from persecution: a. political stability; b. respect for human rights; c. the notice of other Member countries of EU or EFTA and of the Office of the High Commissioner of the United Nations for Refugees (UNHCR); d. other specific features of the country.

The States referred to in Schedule 2 are considered to be free of persecution.

Introduced by section I of O on June 12, 2015, in effect since July 1. 2015 (2015 1873 RO).

Art. 2aRemise of documents (art. 8, para. 1, let a and b, LAsi) the applicant for asylum shall deliver all its documents, especially those that establish its identity, provenance and the route it followed until Switzerland or whose information may result.

Formerly art. 2 art. 3Transmission and notification of decisions (art. 13, para. 3 and 5, LAsi) notification shall be communicated without delay to agent, to the need by fax, provided that this transmission is technically possible. It should be, for this purpose, refer to the art. 13, al. 3, or in art. 13, al. 5, LAsi, which govern notification of decisions to applicants for asylum.

New content according to section I of the Dec. 13 O. 2013, in effect since Feb. 1. 2014 (2013 5347 RO).

Art. 4 repealed by no I of O Dec. 13. 2013, with effect from Feb. 1. 2014 (2013 5347 RO).

Art. 5Demandes of asylum from spouses, registered partners or a family (art. 17, para. 2, LAsi) When spouses, registered partners or a family seeking asylum, each person requesting asylum is entitled, provided that she is capable of discernment, that his own reasons for asylum are reviewed.

New content according to no I 3 of the O from 15 nov. 2006 on the mod in the field of migration in relation to the law on partnership, in effect since Jan. 1. 2007 (RO 2006 4869).

Art. 6 procedure in the case of persecution of a sexual nature (art. 17, para. 2, LAsi) if there is concrete evidence of persecution of a sexual nature or the situation in the State of origin allows to deduce that there are such persecution, the person seeking asylum is heard by a person of the same sex.

Art. Special 7Situation of minors in the asylum procedure (art. 17, para. 2, 3 and 6, LAsi) at the time of the facts, it is open to the authorities to determine if the age indicated by the applicant for asylum is his real age by using scientific methods.
When it is not possible to establish curatorship or a competent guardianship for an applicant of unaccompanied minor asylum as soon as the decision to award to the taken canton, the cantonal authority means a person of trust for the duration of the procedure for asylum and return without delay, this person's term ending, however, the appointment of a trustee or guardian or by a majority of the interested party.
The activity of the person of trust begins with the summary hearing referred to in art. 26, al. 2, LAsi and lasts until the decision on the asylum application comes in force. During a Dublin procedure, it lasts until the transfer of the minor to the competent State Dublin and extends also to the procedures referred to in art. 76a and 80A of the Federal law of December 16, 2005, on the foreign nationals.
The support person must have knowledge of the right to asylum and the Dublin procedure law. It guides and supports the unaccompanied minor throughout the procedure of asylum or the Dublin procedure and proceeds including the following: a. Council before and during the hearings; (b) support for the indication and obtaining of evidence; c. assistance particularly in the communication with the authorities and healthcare institutions.

The cantonal authority shall communicate without delay to the Secretariat of State Migration (SEM) or to the federal administrative court, as well as to minors, the name of the designated support person and all taken protective measures.
The people responsible for the hearing of minor asylum take into account specific aspects of the minority.

New content according to section I of the October 24 O. 2007, in force since Jan. 1. 2008 (RO 2007 5577).
New content according to no I 3 of the O on June 12, 2015, adjusting of acts because of what's new in relation to the Dublin/Eurodac acquis, in effect since July 1. 2015 (2015 1849 RO).
RS 142.20 introduced by no I 3 of the O on June 12, 2015, adjusting of acts because of what's new in relation to the Dublin/Eurodac acquis, in effect since July 1. 2015 (2015 1849 RO).
New content according to no I 3 of the O on June 12, 2015, adjusting of acts because of what's new in relation to the Dublin/Eurodac acquis, in effect since July 1. 2015 (2015 1849 RO).
The name of the administrative unit has been adapted to 1 Jan. 2015 in application of art. 16 al. 3 o from 17 nov. 2004 on official publications (RS 170.512.1). This mod has been taken throughout the text.
New content according to section I of the Dec. 13 O. 2013, in effect since Feb. 1. 2014 (2013 5347 RO).

Art. 7aDroit legal counsel and a legal representative (art. 17, para. 4, LAsi) the SEM informs applicants asylum who apply at an airport or in a registration center, in writing or in another appropriate way and in a language that is understandable, the possibility they have to appeal to a legal counsel or a legal representative.
SEM provides asylum, in airports, registration centres and specific centres referred to in art. 26, al. 1, LAsi, the means to appeal to legal counsel or a legal representative.
The Department shall issue in an order of the provisions on the terms of the personal contacts between the legal counsel or the legal representative and his principal.

Introduced by no I 1 of the O of Nov. 8. 2006 (entry into force part of the mod of the Dec. 16, 2005 of the Federal Act on asylum, the Federal Act on Medicare and the Federal Act on old-age insurance and survivors; 2006 4739 RO). New content according to section I of the October 24 O. 2007, in force since Jan. 1. 2008 (RO 2007 5577).
New content according to section I of the sept 4 O. into force October 1, 2013. 2013 to Sept. 28. 2015 (RO 2013 3065) and extended to Sept. 28. 2019 (see art. 53, para. 3).
New content according to section I of the sept 4 O. into force October 1, 2013. 2013 to Sept. 28. 2015 (RO 2013 3065) and extended to Sept. 28. 2019 (see art. 53, para. 3).

Art. 7bEmoluments for benefits (art. 17A LAsi) the SEM does not receive any emolument for services it provides to other federal authorities, as well as to the authorities, cantonal or communal, and not charge any fees, insofar as these authorities are themselves making use of these services.

Introduced by section I of O from 24 oct. 2007, in force since Jan. 1. 2008 (RO 2007 5577).

Art. 7cEmoluments for applications for review and multiple applications (art. 111 d, para. 4, LAsi) the fee caused by the procedure to the senses of the art. 111B and 111 LAsi amounts to 600 francs.

A supplement of up to 50% of the fee is seen to extraordinary lasting or particularly difficult procedures.
Special taxes cannot be used to cover the advance of costs.
Provided that this order does not provide for special regulations, the provisions of general order of 8 September 2004 on fees apply.

Introduced by section I of O from 24 oct. 2007, in force since Jan. 1. 2008 (RO 2007 5577).
New content according to section I of the Dec. 13 O. 2013, in effect since Feb. 1. 2014 (2013 5347 RO).
New content according to section I of the Dec. 13 O. 2013, in effect since Feb. 1. 2014 (2013 5347 RO).
RS 172.041.1 Section 2 asks for asylum and entry in Switzerland art. 8 filing of the application for asylum (art. 19, al. 1, LAsi) when a stranger comes to a cantonal or federal authority it: a. is his full identity; b. sends him to the nearest registration centre and advises the latter; etc delivers him a pass.

The applicant for asylum must go to the registration center by later in the day following.
Applications for asylum from persons who are in detention or serving sentences should be addressed to the cantonal authorities.
Children less than 14 years came to join their parents in Switzerland drop their claim directly with the authorities of the canton of residence of these.

Art. 9 and 10 repealed by section I of O sept 4. with effect from October 1, 2013. 2013 to Sept. 28. 2015 (RO 2013 3065) and extended to Sept. 28. 2019 (see art. 53, para. 4).

Art. 11 repealed by no I O 4 from 22 oct. 2008 (Schengen and Dublin), with effect from Dec. 12. 2008 (RO 2008 5421).

Art. 11aDemande for asylum filed at the airport and entry clearance granted on-site (art. 21 to 23 LAsi) in the case of a person arriving in Switzerland by air, the country where the aircraft went to Switzerland is considered to be the country of direct entry into Switzerland.
The SEM can also allow the entry into Switzerland: a. when the applicant for asylum has close links with people living in Switzerland. forgotten the source. When the Switzerland is responsible for the asylum procedure in application of the Regulation (EU) no 604/2013 and that the applicant for asylum not went directly from his State of origin or of provenance to the Swiss border, but makes it likely that he left this State for one of the grounds set out in art. 3, al. 1, LAsi and that he has sought to reach the Swiss border without delay.

The SEM can allow entry for humanitarian reasons even if the jurisdiction of the Switzerland to lead the asylum procedure in application of the Regulation (EU) no 604/2013 is not established.

Introduced by section I of O from 24 oct. 2007, in force since Jan. 1. 2008 (RO 2007 5577).
New content according to no I 3 of the O on June 12, 2015, adjusting of acts because of what's new in relation to the Dublin/Eurodac acquis, in effect since July 1. 2015 (2015 1849 RO).
CF. footnote page about art. 1A, let. e. new content according to section I O from 22 oct 4. 2008 (Schengen and Dublin), in effect since Dec. 12. 2008 (RO 2008 5421).
Introduced by c. I 4 of the Oct. 22 O. 2008 (Schengen and Dublin) (RO 2008 5421). New content according to no I 3 of the O on June 12, 2015, adjusting of acts because of what's new in relation to the Dublin/Eurodac acquis, in effect since July 1. 2015 (2015 1849 RO).

Art. 12procedure, stay and accommodation at the Airport (art. 22 LAsi) the authority responsible for the border control shall immediately communicate to the SEM asylum applications at a Swiss airport.
The Department enacts provisions regarding the operation of housing located in airports, including the use of the premises in which the asylum stay, accommodations, the occupation of the rooms, the ability to walk in the open air and the custody of objects belonging to the applicants in an order.
The SEM can conclude the operating regulations of the housing of the Confederation with the competent authorities of the airport of Zurich-Kloten and Geneva-Cointrin or third parties.

New content according to section I of the October 24 O. 2007, in force since Jan. 1. 2008 (RO 2007 5577).
New content according to section I of the sept 4 O. into force October 1, 2013. 2013 to Sept. 28. 2015 (RO 2013 3065) and extended to Sept. 28. 2019 (see art. 53, para. 3).

Art. 13 to 15 repealed by section I of O from 24 oct. 2007, with effect from Jan 1. 2008 (RO 2007 5577).

Section 3 Procedure of first instance art. 16sejour at the registration centre (art. 26, LAsi) during his stay at the registration centre, the applicant for asylum shall be at the disposal of the authorities.
The duration of the stay does not exceed 90 days. For good cause, it can be extended by a few days.

New content according to section I of O on March 24, 2004, in force since April 1. 2004 (RO 2004 1653).
New content according to chapter I of O from nov 24. 2010, in force since Jan. 1. 2011 (2010 5773 RO).

Art. 16ahebergement in sites relocated in a particular situation (art. 26, al. 1, LAsi) due to the transient increase special situations or sustainable in the number of asylum applications, registration centres can, to ensure accommodation of the asylum, managing also sites relocated such as transit centres, homes relief and makeshift shelters. However, it is not possible to deposit an asylum application.
The stay of the asylum in these offshore sites is allowed until the cantonal authorities have the necessary infrastructure, but not more than twelve months.

Introduced by section I of O from 24 oct. 2007, in force since Jan. 1. 2008 (RO 2007 5577).

Art. 16bAssignation to a specific centre (art. 26, para. 1 and 1 LAsi) the SEM can be assigned to a specific Center the applicant asylum who is in a record Center and threatens public safety and order, or by his behavior, significantly affect the functioning of the registration center. The SEM takes into account the principle of the unity of the family.
Public safety and order are threatened when the evidence indiquentque the behavior of the applicant for asylum leads in all likelihood a breach to the security and public order.
There is especially a breach of sensitive to the operation of a registration centre where the applicant for asylum: a. violates severely the rules of procedure of the registration center, including because it owns or keeps weapons or narcotics, or violated, repeatedly, a prohibition on leaving; b. is not the safety behavior of the head of the centre for registration or his representative and thereby, harasses, threatens or endangers, repeatedly, personnel or other asylum; c. obstruction, repeatedly, the functioning of the registration center, including by refusing to participate in domestic work or not respecting the night rest period.

The SEM shall immediately inform the competent cantonal authority for assignment of a place of residence and ban from entering a specified region referred to in art. 74 Aug of the reasons for the summons to a specific Center.
When the SEM is of the view that the conditions for the assignment of a place of residence or prohibition from entering an area determined within the meaning of art. 74 Aug could be met, it shall immediately communicate to the competent cantonal authority.
The assignment to a specific Center decision cannot be attacked as part of an appeal against the final decision.

Introduced by section I of O sept 4. into force October 1, 2013. 2013 to Sept. 28. 2015 (RO 2013 3065) and extended to Sept. 28. 2019 (see art. 53, para. 3).
RS 142.20 new content according to no I 3 of the 12 June 2015 O adjusting of acts because of what's new in relation to the Dublin/Eurodac acquis, in effect since July 1. 2015 (2015 1849 RO).

Art. 16csejour in a specific centre (art. 26, para. 1 and 1, LAsi) during his stay in the specific centre, the applicant for asylum shall be at the disposal of the authorities.
After the entry into force of the implementing of the referral decision, the stay in the specific Center may be extended by the SEM. The duration of the stay does not exceed 140 days of the assignment.

Introduced by section I of O sept 4. into force October 1, 2013. 2013 to Sept. 28. 2015 (RO 2013 3065) and extended to Sept. 28. 2019 (see art. 53, para. 3).

Art. 17Gestion of offshore sites (art. 26, para. 2, LAsi) to ensure the functioning of the offshore sites, the SEM may entrust to third parties tasks that are not of public power. These are subject to the obligation of secrecy as well as the staff of the Confederation.

New content according to section I of the sept 4 O. into force October 1, 2013. 2013 to Sept. 28. 2015 (RO 2013 3065) and extended to Sept. 28. 2019 (see art. 53, para. 3).

Art. 18Exploitation registration centres, specific centres and offshore sites (art. 26, para. 3, LAsi)

The Department enacts by order of the provisions on the operation of the registration centers, specific centres referred to in art. 26, al. 1, LAsi and sites offshored, including on opening hours, the access rights, the conditions of entry and exit, as well as the guard of objects belonging to applicants for asylum.

New content according to section I of the sept 4 O. into force October 1, 2013. 2013 to Sept. 28. 2015 (RO 2013 3065) and extended to Sept. 28. 2019 (see art. 53, para. 3).

Art. 19verification of identity and summary hearing (art. 26, para. 1 and 2, LAsi) it is possible to make further clarifications in registration centers, specific centres or sites in offshored to verify the identity of the applicant for asylum.
The summary hearing takes place, if necessary, in the presence of an interpreter. The minutes of the hearing is re-translated the applicant for asylum and signed by all who took part in the hearing. The summary hearing may be replaced by the hearing on the grounds for asylum within the meaning of art. 29 LAsi.

New content according to section I of the October 24 O. 2007, in force since Jan. 1. 2008 (RO 2007 5577).
New content according to section I of the sept 4 O. into force October 1, 2013. 2013 to Sept. 28. 2015 (RO 2013 3065) and extended to Sept. 28. 2019 (see art. 53, para. 3).
New content according to section I of the sept 4 O. into force October 1, 2013. 2013 to Sept. 28. 2015 (RO 2013 3065) and extended to Sept. 28. 2019 (see art. 53, para. 3).

Art. Council (art. 25A LAsi) 20Entretien maintenance of Council is conducted during the brief hearing referred to in art. 26, al. 2, LAsi.
If the summary hearing is replaced by hearing about the reasons for the claim under art. 29 LAsi, board maintenance is carried out immediately before the start of the hearing.

New content according to section I of the Dec. 13 O. 2013, in effect since Feb. 1. 2014 (2013 5347 RO).

Art. the medical facts (art. 26 LAsi) the SEM 20aEtablissement informs the applicant for asylum by the applicable legal regulations if he submits a damage to health which could prove decisive in the procedure of asylum and return.
In agreement with the federal Office of public health, the SEM issues directives to delimit the medical examination referred to in art. 26, al. 2, LAsi compared to health measures at the border based on the Federal Act of 18 December 1970 on the fight against communicable diseases of humans.

Introduced by the I of O ch. 13 Dec. 2013, in effect since Feb. 1. 2014 (2013 5347 RO).
RS 818.101 art. 21 distribution between the cantons (art. 22, para. 6, 23, para. 2, and 27 LAsi) asylum registered in registration centers or at Swiss airports are divided between the cantons by the SEM according to the following key: percentage percentage Zurich 17.0 Schaffhausen 1.1 Bern 13.5 Appenzell Rh. - Ext.

Lucerne 4.9 Appenzell Rh. - int. 0.8.

0.2 0.5 St. Gallen 6.0 Uri Schwyz 1.8 2.7 Grisons Unterwald-the-top 0,5 Aargau 7.7 Unterwald lower 0.5 Thurgau 2.8 Glarus 0.6 Ticino 3.9 Zug 1.4 Vaud 8.4 Fribourg 3.3 Valais Solothurn 3.5 Neuchâtel 2.4 Basel Geneva 5.6 2.3 3.9...
People whose removal is being run from a Center registration or a specific Center referred to in art. 26, al. 1, LAsi are attributed to the canton in which the Center is located.

New content according to section I of the October 24 O. 2007, in force since Jan. 1. 2008 (RO 2007 5577).
Repealed by no I of O sept 4. with effect from October 1, 2013. 2013 to Sept. 28. 2015 (RO 2013 3065) and extended to Sept. 28. 2019 (see art. 53, para. 4).
Introduced by chapter I of 24 March 2004 (RO 2004 1653) O. New content according to section I of the sept 4 O. into force October 1, 2013. 2013 to Sept. 28. 2015 (RO 2013 3065) and extended to Sept. 28. 2019 (see art. 53, para. 3).

Art. 22 distribution carried out by the SEM (art. 27, paras. 3 and 4, LAsi) the SEM distributes asylum between the cantons as evenly as possible taking into account the presence in Switzerland of members of their family, their nationality and, in particular, their need for framing.
SEM decides to change an applicant asylum of canton if the two cantons concerned agree, as a result of a claim of the principle of the unity of the family, or in case of serious threat weighing on the individual or on other people.

New content according to section I of O on March 24, 2004, in force since April 1. 2004 (RO 2004 1653).

Art. 23Obligation stand with a cantonal authority (art. 22, para. 6, 23, para. 2, and 27 LAsi) the cantons designate the authority with which the applicant for asylum must be within 24 hours after leaving the registration center, the specific centre referred to in art. 26, al. 1, LAsi or airport.

New content according to section I of the sept 4 O. into force October 1, 2013. 2013 to Sept. 28. 2015 (RO 2013 3065) and extended to Sept. 28. 2019 (see art. 53, para. 3).

Art. 23aAudition on the grounds of the asylum (art. 29, al. 4, LAsi) the SEM can get along with the cantons on the conduct of the hearings on the grounds for asylum applications, including: a. at the time where the cantonal authorities lead the hearings; ETB. on the training by the SEM of cantonal employees charged hearings.

Introduced by section I of O from 24 oct. 2007, in force since Jan. 1. 2008 (RO 2007 5577).

Art. 24 Œuvres of mutual assistance authorized (art. 30, para. 2, LAsi) the charitable organisations Swiss affiliated to the Swiss Organization for aid to refugees at the time of the entry into force of this order are considered to be authorized.
Other works of self-help Swiss can have permission if they guarantee that they are able to permanently assume the tasks set out in art. 30 of the Act.

Art. 25 communication of the dates of the hearings (art. 30, para. 3, LAsi) the dates of the hearings in accordance with art. 30, al. 3, of the Act are, as a general rule, be communicated to the Swiss aid organization for refugees or service designated by the latter at least five days in advance.
If the representative of the charitable organisations does not comply the request or does not appear at the time at the hearing, the latter can take place without his presence. It deploys its full legal effect.

Art. 26 participation of the representative of the charitable organisations at the hearing (art. 30, para. 4) representative of the charitable organisations has the opportunity to review, generally two hours before the hearing, the content of the already reports of hearing.
It may take handwritten notes on the observations he made during the hearing. These notes cannot, however, be returned to the applicant for asylum at the end of the proceedings at first instance. Similarly, they can be given to any agent or third parties only at the end of the proceedings at first instance and only with the agreement of the applicant.
The representative of the charitable organisations which hinders the proper conduct of the hearing by his behavior gets a warning to the listener. If the warning has no effect, it can exclude him from the hearing. In this case, the grounds for exclusion are recorded in the minutes. The representative of the charitable organisations can be determined on this incident.
When the representative of the charitable organisations is excluded from the hearing, can be completed without his presence. It deploys its full legal effect.

Art. 27 preparation of decisions on federal asylum by the cantons (art. 31, LAsi). the Department of justice and police stop the principles governing the preparation of the substance and organization asylum decisions and regulates the exchange of information between the Mir and the cantons.
When an appeal is lodged against a decision prepared by a canton and the federal administrative court ordered a round of correspondence, the SEM can seek the advice of the canton.
Any person charged by a canton to prepare decisions on asylum is subject to due diligence and the obligation to maintain secrecy as well as the staff of the Confederation. For questions of a technical nature, it must comply with the instructions of the SEM.

New content according to section II 4 O 8 nov. 2006 adaptation of O of the CF to the total revision of the Federal procedure, in force since Jan. 1. 2007 (RO 2006 4705).

Art. 28notice of UNHCR (art. 31A LAsi) when he instructs asylum applications, the SEM can seek the advice of UNHCR.

New content according to section I of the O on June 12, 2015, in effect since July 1. 2015 (2015 1873 RO).

Art. 28 introduced by section I of O from 24 oct. 2007 (2007 5577 RO). Repealed by no I of O Dec. 13. 2013, with effect from Feb. 1. 2014 (2013 5347 RO).

Art. 28bcooperation in establishing the facts (art. 29A LAsi) of the agreements relating to cooperation in the establishment of the facts guarantee respect for art. 98 LAsi.

Introduced by section I of O from 24 oct. 2007, in force since Jan. 1. 2008 (RO 2007 5577).
New content according to section I of the Dec. 13 O. 2013, in effect since Feb. 1. 2014 (2013 5347 RO).

Art. 29 repealed by no I of O Dec. 13. 2013, with effect from Feb. 1. 2014 (2013 5347 RO).

Art. 29aExamen of competence according to Dublin (art. 31, para. 1, let. b LAsi)

The SEM examines the processing of an asylum application competence according to the criteria laid down in the Regulation (EU) No. 604/2013.
If it emerges from this review that another State is responsible for the processing of the asylum application, SEM makes a decision of dismissal after the requested State has accepted the plug or resumed support of the applicant for asylum.
The SEM can, for humanitarian reasons, also the request when it is clear from the examination that another State has jurisdiction.
Making or taking back the applicant for asylum by the competent State proceedings according to the Regulation (EC) No 1560/2003.

Introduced by c. I 4 of the Oct. 22 O. 2008 (Schengen and Dublin), in effect since Dec. 12. 2008 (RO 2008 5421).
New content according to section I of the Dec. 13 O. 2013, in effect since Feb. 1. 2014 (2013 5347 RO).
CF. footnote page about art. 1A, let. e. new content according to no I 3 of the O on June 12, 2015, adjusting of acts because of what's new in relation to the Dublin/Eurodac acquis, in effect since July 1. 2015 (2015 1849 RO).
R (EC) No 1560/2003 the Commission of September 2, 2003, with enforcement of the R (EC) No 343/2003 of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a national of a third country, OJ L 222 of the 5.9.2003, p. 3; Last modified R place by the R (EU) No. 118/2014, the 8.2.2014 OJ L 39, p. 1.
New content according to no I 3 of the O on June 12, 2015, adjusting of acts because of what's new in relation to the Dublin/Eurodac acquis, in effect since July 1. 2015 (2015 1849 RO).

Art. 29breouverture of the asylum procedure for cause of competence according to Dublin (art. 35A LAsi) the reopening of the asylum procedure is recorded in an interim ruling.
If an applicant for asylum has already been assigned to a block in a previous proceeding, the canton in question remains responsible if the procedure is reopened.

Introduced by no I 3 of the O on June 12, 2015, adjusting of acts because of what's new in relation to the Dublin/Eurodac acquis, in effect since July 1. 2015 (2015 1849 RO).

Art. 29cReconnaissance of removal and asylum decisions (art. 31, para. 1, let. f, and b. 31 LAsi) the SEM can pronounce a decision of dismissal under art. 31, art. 1, let. f, LAsi, based on a decision of removal and asylum pronounced by the competent State Dublin: a. If the decision on asylum and reference establishes that the conditions for the grant of protection are not met; forgotten the source. If there is a decision of dismissal due to later demand that contains nothing new.

Enforcement of removal expenses are reimbursed in accordance with art. 7 of directive 2001/40/EC and decision 2004/191/EC. The SEM is the point of contact within the meaning of this decision.

Introduced by no I 3 of the O on June 12, 2015, adjusting of acts because of what's new in relation to the Dublin/Eurodac acquis, in effect since July 1. 2015 (2015 1849 RO).
Directive 2001/40/EC of the Council of 28 May 2001 on the mutual recognition of expulsion of nationals of third countries decisions, version of the OJ L 149 of the 2.6.2001, p. 34.
2004/191/EC Council decision of 23 February 2004 setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of the directive 2001/40/EC on mutual recognition of expulsion decisions of nationals of third countries, version of the OJ L 60 of the 27.2.2004, p. 55.

Section 4 status of the applicant for asylum during the procedure of art. 30 (art. 42, para. 1, LAsi) when, in all likelihood, the applicant for asylum can stay in Switzerland until the end of the procedure, the cantonal authorities issue him a booklet N, whose validity, limited to six months, can be extended. This document attests exclusively that he filed an asylum application and is part of legitimization before all federal and cantonal authorities. It does not allow him to cross the border.
The booklet N does confer no right of residence, regardless of the period of validity of this document.
Abroad is remove his booklet N when he left Switzerland voluntarily or not or when its residency requirements are regulated by the aliens police.

Section 5 reference art. 31 repealed by no I of O from 24 oct. 2007, with effect from Jan 1. 2008 (RO 2007 5577).

Art. 32 reference (art. 44, para. 1, LAsi) the dismissal of Switzerland may be granted when the applicant for asylum a. holds a permit of stay or valid establishment; b. is the subject of an extradition decision. OUC. is subject to a decision of dismissal in accordance with art. 121 of the Constitution.

New content according to section I of O on March 24, 2004, in force since April 1. 2004 (RO 2004 1653).
RS 101 art. 33 repealed by no I of O from 24 oct. 2007, with effect from Jan 1. 2008 (RO 2007 5577).

Art. 34 enforcement referrals (art. 46, LAsi) when several members of a family struck from the same order for reference do not account the given departure deadline, it is possible, if necessary, to run their removal by steps.
The al. 1 apply by analogy to the registered partnerships.
The cantonal authority communicates to the Mir, within 14 days, all executed referrals, departures carried out under supervision, the passages found hiding and cases which the residency requirements are regulated.

Introduced by no I 3 of the Nov. 15 O. 2006 on the mod in the field of migration in relation to the LF on the partnership, in effect since Jan. 1. 2007 (RO 2006 4869).

Art. 35 registration in the system of computer searches of police (RIPOL) (art. 47, LAsi) cantons are their registration applications for the search system computerized police directly to the federal Office of police.

Chapter 3 granting of asylum and the refugee Section 1 asylum art. 36. second asylum (art. 50, LAsi) stay of a refugee in Switzerland is steady when the latter complies with the provisions applicable to foreigners in general.
The stay is considered to be continuous when, during the last two years, the refugee lived not more than six months in total abroad. In case of longer absence, stay is considered uninterrupted when he is due to compelling reasons.

Art. 37Extension of refugee status (art. 17, para. 2 and art. 51, LAsi) refugee status is extended to the spouse, registered partner or a parent of the beneficiary in accordance with art. 51, al. 1, of the Act, as if it has been found, under art. 5, that they do not personally meet the conditions referred to in art. 3. new content according to no I 3 of the O from 15 nov. 2006 on the mod in the field of migration in relation to the law on partnership, in effect since Jan. 1. 2007 (RO 2006 4869).

Art. 38 repealed by no I of O Dec. 13. 2013, with effect from Feb. 1. 2014 (2013 5347 RO).

Art. 39 repealed by no I O 1 from 8 nov. 2006 (entry into partial. mod 16 Dec. 2005 of the Federal Act on asylum, the Federal Act on Medicare and the Federal Act on old-age insurance and survivors, with effect from the 1 Jan. 2007; 2006 4739 RO).

Art. 40 repealed by no I of O from 24 oct. 2007, with effect from Jan 1. 2008 (RO 2007 5577).

Section 2 status of refugees art. 41 regulation of the conditions of residence (art. 60, LAsi) conditions of residence of a person who was granted asylum in Switzerland are regulated by the canton to which that person has, in Switzerland, was once attributed as the applicant for asylum. If, during the asylum procedure, the person has, in accordance with art. 22, al. 2, was attributed by the SEM to another canton, the jurisdiction in the matter is up to the latter.


Repealed by no I of O from 24 oct. 2007, with effect from Jan 1. 2008 (RO 2007 5577).

Art. 42 admission of refugees to exams for medical professions (art. 62, LAsi) the admission of refugees to exams for medical professions is governed by General order of November 19, 1980, on exams of medical professions and by the Ordinance of February 21, 1979, on the admission of refugees to the Federal reviews of the medical profession.

[RO 1982 563, 1995 4367, 1999 2643. RO 2008 6007 annex 1 CH 1]. See now the O from 26 nov. 2008 about exams medical (RS 811.113.3).
[RO 1979 1298. RO 2008 6007 annex 1 c. 9]. See now the O from 26 nov. 2008 about exams medical (RS 811.113.3).

Section 3 end of asylum art. 43 (art. 64, LAsi) extinction of the asylum bonus its revocation.
The cantonal authority may, prior to execution of the administrative or judicial expulsion ask SEM if, in his opinion, potential impediments not there would not be obstacle.

Chapter 4 granting of temporary protection to individuals to protect Section 1 Procedure art. 44 (art. 72, LAsi)

People newly arrived in Switzerland who have obtained temporary protection in accordance with art. 68, al. 1, or 69, al. 2, of the Act are divided between the cantons according to the key listed in art. 21, al. 1. the distribution of these people and of asylum are carried out separately. The award, as well as any change of canton are governed by art. 22, applicable by analogy.

Section 2 status art. 45 piece of legitimacy (art. 74, LAsi) during the first five years following the granting of temporary protection, to protect people receive a booklet S, whose limited to a year maximum, the validity may be extended. This document is part of legitimization before all federal and cantonal authorities. It does not however allow them to cross the border.
The booklet S does no right of residence, regardless of the period of validity of this document.
Abroad is remove his booklet S when he left Switzerland voluntarily or not or when its residency requirements are regulated by the aliens police.

Art. 46 residence permit (art. 74, para. 2, LAsi) people to protect holders of authorisation under art. 33 nationals get a B booklet, issued for a maximum period of one year. Subject to para. 2, the canton of residence extended the validity of this document, as a general rule, for a maximum period of one year each time.
The residence permit is valid for the period of temporary admission. She ends that fixed-date the federal Council in its decision to lift temporary protection.
The stay abroad until enforcement of the removal is, by analogy, governed by arts. 42 and 43 of the Act.

RS 142.20 new content according to no I 3 of the 12 June 2015 O adjusting of acts because of what's new in relation to the Dublin/Eurodac acquis, in effect since July 1. 2015 (2015 1849 RO).

Section 3 end of temporary protection art. 47 lifting of temporary protection (art. 76, para. 1, LAsi) the general decision to lift temporary protection is published in the Federal Gazette.

Art. 48 grant of the right to be heard in the case of lifting of temporary protection (art. 35 and 76, para. 2, LAsi) the right to be heard is exercised, as a general rule, in writing.

Art. 49 filing of applications pending for recognition of refugee status (art. 76, para. 4, LAsi) by the decision of return, any application for recognition of refugee status, still pending, becomes without object and should be classified.

Art. 50 decision of reference (art. 76, para. 4, LAsi) the content of the order for reference must conform to art. 45 of the Act. The SEM fixed including the departure deadline.

Art. 51 residence in the State of origin or provenance (art. 78, para. 1, let. c, LAsi) "long" means, generally, fifteen days.

Art. 52 waiver at the hearing in case of revocation of provisional protection (art. 78, al. 4, LAsi) abroad which, in accordance with the art. 29 and 30 of the Act, has been heard before getting temporary protection is not the subject of another hearing, but has the opportunity to exercise his right to be heard. This right is exercised, as a general rule, in writing.

Chapter 5delai of appeal art. 53Calcul the deadline for appeal in the calculation of the time limit for appeal provided for in art. 108, al. 2, LAsi, Saturdays, Sundays and public holidays of the Confederation, as the ones recognized by cantonal law the domicile or headquarters of the party or its representation are not considered working days.

New content according to section I of the October 24 O. 2007, in force since Jan. 1. 2008 (RO 2007 5577).

Art. 53a beginning of the deadline for appeal in case of a decision taken in respect of an applicant for minor asylum unaccompanied when an applicant for unaccompanied minor asylum has neither a legal representative or a trustee guardian, the trial decision must be notified to the person and the person of trust. The appeal period begins on the day following the later notification of that decision.

Chapter 6 provisions final art. 54 repeal of the law in force order on 22 May 1991 on asylum 1 is repealed.

[RO 1991 1138, 1992 1618, 1995 5043, 1997 2775]

Art. 55 current law transitional provision shall apply until the entry into force of the art. 21 art. Transitional 55Disposition of the amendment on 4 September 2013 for all asylum applications filed with a Swiss representation abroad before September 29, 2012, art. 10 is applicable in its content of December 12, 2008.

Introduced by section I of O sept 4. into force October 1, 2013. 2013 to Sept. 28. 2015 (RO 2013 3065) and extended to Sept. 28. 2019 (see art. 53, para. 3).
2008 5421 Art. RO 56 entry into force and duration this order, with the exception of art. 21, comes into force on October 1, 1999.
Art. 21 come into force January 1, 2000.
The validity of the following provisions, limited so far to September 28, 2015, is extended until September 28, 2019: art. 7, art. 2 and 3, 12, al. 2, 16B, 16 c, 17, 18, 19, al. 1: 21, al. 3, 23 and 55.
The period of validity of the repeal of art. 9, 10 and 21, al. 2, limited so far to September 28, 2015, is extended up to September 28, 2019.

New content according to chapter I of O on June 5, 2015, in effect since Sept. 29. 2015 (2015 2049 RO).
RO 2013 3065 introduced by chapter I of O on June 5, 2015, in effect since Sept. 29. 2015 (2015 2049 RO).
Introduced by chapter I of O on June 5, 2015, in effect since Sept. 29. 2015 (2015 2049 RO).

Final provisions of the amendment of December 13, 1999, in 2000, the canton of Geneva will be allocated 5.4% and the canton of Vaud 8,6% of the applicants for asylum who are registered in the registration centres or at Swiss airports.

Annex 1 (art. 1, para. 2) association agreements in Dublin to Dublin association agreements include the following: a. the 26 October 2004 agreement between the Swiss Confederation and the European Community on the criteria and mechanisms for determining the State responsible for examining an asylum application introduced in a Member State or in Switzerland (AAD); b. December 17, 2004, between the Swiss Confederation agreement , the Republic of Iceland and the Kingdom of Norway on the implementation, application and development of the Schengen and on the criteria and mechanisms for determining the State responsible for examining an asylum application introduced in Switzerland, Iceland or Norway; c. Protocol of February 28, 2008, between the Swiss Confederation, the community Union and the Principality of Liechtenstein to the agreement between the Swiss Confederation and the Community European relative to the criteria and mechanisms for determination of the State responsible for examining an asylum application submitted in a Member State or in Switzerland; d. the 28 February 2008 protocol between the Swiss Confederation and the European Community and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the agreement between the Community European and the Swiss Confederation concerning the criteria and mechanisms for determining the State responsible for examining an application for asylum submitted in a Member State or in Switzerland.

Formerly annex. Introduced by c. I 4 of the Oct. 22 O. 2008 (Schengen and Dublin), in effect since Dec. 12. 2008 (RO 2008 5421).
RS RS RS RS 0.142.395.141 State on September 29, 2015 0.142.393.141 0.362.32 0.142.392.68 annex 2 (article 2) States of origin or free source of persecution Albania Macedonia Germany Malta Austria Moldova (without Transnistria) Belgium Mongolia Benin Montenegro Bosnia and Herzegovina Norway Bulgaria Netherlands Nigeria Poland Cyprus Portugal Croatia Romania Denmark United Kingdom Spain Senegal Serbia Finland France Ghana Greece Czech Republic Sweden Slovenia Slovakia Estonia Hungary India Ireland Iceland Italy Kosovo Latvia Liechtenstein Lithuania Luxembourg introduced by c. II o on June 12, 2015, in effect since July 1. 2015 (2015 1873 RO).

State on September 29, 2015

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