Key Benefits:
September 4, 2013 (Status on September 29, 2015)
The Swiss Federal Council,
See art. 112 B , para. 2, of the Asylum Act of 26 June 1998 (LAsi) 1 ,
Stops:
1 This order regulates the particular conduct of proceedings during the test phases carried out in the centres of Confederation.
2 The test phase begins at the opening of a Confederation Centre and lasts two years at most, but no later than 28 September 2015.
The centre of the Confederation is considered a centre of procedure, waiting or departure in the context of test phases.
No asylum application can be filed in a centre of the Confederation. The filing of applications for asylum is governed by s. 19 LAsi.
1 Applicants whose applications for asylum must be treated in the context of test phases are randomly selected and assigned to a centre of the Confederation. The principle of family unity is respected. The welfare of the child is duly taken into account.
2 The applicant who files a request for review or has already been the subject of an asylum procedure in Switzerland is not assigned to a centre of the Confederation.
3 An applicant cannot claim that his or her application for asylum is processed in or out of a test phase.
(in derogation from Art. 17, para. 3, let. B, LAsi)
1 As long as an unaccompanied minor asylum-seeer stays in a Confederation Centre, the legal representation referred to in s. 25 is also responsible for the tasks of a trusted person.
2 The activity of the person of trust within the meaning of s. 7, para. 3, of order 1 of 11 August 1999 on asylum (OA 1) 2 Begins after the allotment to a township in accordance with s. 19 or art. 21, para. 2, as soon as the unaccompanied minor leaves the centre of Confederation.
3 Under the Dublin procedure, it continues until the transfer to the competent Dublin State, and in the context of the accelerated procedure, until the execution of the referral.
1 New content according to the c. I 5 of the O of 12 June 2015 adapting acts due to new developments in connection with the Dublin/Eurodac acquis, in force since 1 Er Jul. 2015 ( RO 2015 1849 ).
2 RS 142.311
Participation in the test phases shall not provide any benefit or cause any prejudice to the applicant in relation to the decision on his application for asylum.
LAsi and the Federal Law of 16 December 2005 on Foreigners (LEtr) 1 Apply to asylum procedures carried out in the context of test phases, unless this order provides otherwise for the development of the first instance asylum procedure and the referral procedure, so The related financial issues.
1 The State Secretariat for Migration (SEM) 1 Conducts an evaluation of the test phases to the attention of the Federal Department of Justice and Police (DFJP).
2 In particular, the following evaluation:
3 The evaluation is carried out on an ongoing basis and its results can be recorded in intermediate reports. A final report is issued no later than five months after the completion of the test phases.
4 The DFJP informs the Federal Assembly of the results of the test phases.
1 The designation of the administrative unit has been adapted to 1 Er Jan 2015 under Art 16 al. 3 of the O of 17 Nov 2004 on official publications ( RO 2004 4937 ). This mod has been taken into account. Throughout the text.
1 The test phases take place in the Confederation Centres managed by the SEM. These can be used as procedural centres, waiting centres or centres of departure.
2 In particular, an asylum seeable person may be accommodated in a procedural centre:
3 The applicant engaged in a Dublin procedure may be accommodated in a waiting centre between the end of the preparatory phase and the expiry of the appeal period.
4 An applicant for asylum in a Dublin procedure or an accelerated procedure may be accommodated in a departure centre at the end of the appeal period and up to the date of departure.
5 The centres of procedure, waiting or departure can be grouped together in a construction or installation.
6 The length of stay in the centres of Confederation does not exceed 140 days. The stay may be extended for a reasonable period of time if a rapid closure of the asylum procedure or the prompt execution of the removal requires it. 1
7 The allocation to a canton may take place, if necessary, before the expiry of the maximum length of stay referred to in para. 6. The allocation to the cantons is governed by Art. 21 and 22.
1 New content according to the c. I 5 of the O of 12 June 2015 adapting acts due to new developments in connection with the Dublin/Eurodac acquis, in force since 1 Er Jul. 2015 ( RO 2015 1849 ).
1 The SEM may entrust third parties with tasks aimed at ensuring the operation of the centres. Third parties are subject to the obligation to keep the secret in the same way as the staff of the Confederation.
2 The DFJP lays down provisions for the centres in order to ensure their proper functioning and to ensure a speedy procedure.
1 During the test phases, asylum seekers may be accommodated in a centre operated by a canton or by a municipality when the number of places of accommodation available in the centres of the Confederation referred to in Art. 9 is not sufficient. The accommodation in a communal centre is subject to the consent of the canton housing the centre.
2 The canton or municipality housing a centre:
3 The canton or municipality housing a centre may delegate all or part of the tasks referred to in para. 2 to third parties.
4 The granting of social assistance and emergency aid is governed by the cantonal law.
5 The SEM shall pay, on the basis of a contract, federal contributions to the canton or municipality housing a centre to compensate them for administrative costs, staff costs and the remaining costs incurred in performing the tasks Referred to in para. 2. This compensation may be paid in the form of packages.
6 The other provisions of this Order relating to the centres of the Confederation and the s. 16 B OA 1 1 Apply by analogy to the Cantonal or communal centres. 2
1 RS 142.311
2 New content according to the c. I 5 of the O of 12 June 2015 adapting acts due to new developments in connection with the Dublin/Eurodac acquis, in force since 1 Er Jul. 2015 ( RO 2015 1849 ).
The SEM shall communicate to the centres operated by a canton or by a municipality the date and time of the steps in the procedure laid down for the applicant for asylum.
(in derogation from Art. 13, para. 5, LAsi)
1 In the centres of Confederation, decisions and communications are notified by way of delivery.
2 In the case of an asylum applicant to which a legal representative has been appointed, the notification shall be addressed to the provider responsible for providing legal representation. This provider, or the legal representative, immediately communicates the notification to the applicant.
3 In the absence of a designated legal representative, the notification shall be addressed to the applicant. The notification shall be immediately communicated to a representative appointed by the applicant. In the event of a transition to the applicant's clandestine service, the notification shall be made according to Art. 12 LAsi.
(in derogation from Art. 16, para. 2 and 3, LAsi) 1
1 The applicant staying at a centre of the Confederation makes his requests in the official language of the canton in which the centre is located.
2 In a centre of Confederation, the SEM shall notify the decisions in the official language of the canton in which the centre is located.
3 The SEM may exceptionally derogate from paras. 1 and 2:
1 New content according to the c. I of the O of 13 Dec. 2013, in effect since 1 Er Feb 2014 ( RO 2013 5363 ).
1 Repealed by c. I of the O of 13 Dec. 2013, with effect from 1 Er Feb 2014 ( RO 2013 5363 ).
(in derogation from Art. 25 A And 26 LAsi) 1
1 The preparatory phase begins at the time of the assignment to a centre of Confederation. It shall last no more than ten days if it is a Dublin procedure and no more than 21 days for the other proceedings.
2 During the preparatory phase, the SEM collects the personal data of the applicant, usually takes over his fingerprints and then the photograph. He or she may also enter other biometric data concerning him, establish an expertise to determine his age in accordance with s. 17, para. 3 Bis , LAsi, verify the evidence, travel documents and identity papers and take instructions regarding the source and identity of the applicant. 2
3 The SEM may, in the course of a first interview, question the applicant on his identity, on the route taken and, summarily, on the reasons which led him to leave his country. It clarifies with the applicant whether his application for asylum is in conformity with the LAsi 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.
4 The exchange of data referred to in s. 102 A Bis , para. 2 and 3, LAsi and the request for takeover or takeover addressed to the responsible State bound by one of the Association Agreements in Dublin (Dublin State) shall take place during the preparatory phase. 3
5 SEM may entrust to third parties the tasks referred to in para. 2. Third parties are subject to the obligation to keep the secret in the same way as the staff of the Confederation.
1 New content according to the c. I of the O of 13 Dec. 2013, in effect since 1 Er Feb 2014 ( RO 2013 5363 ).
2 New content according to the c. I of the O of 13 Dec. 2013, in effect since 1 Er Feb 2014 ( RO 2013 5363 ).
3 New content according to the c. I 5 of the O of 12 June 2015 adapting acts due to new developments in connection with the Dublin/Eurodac acquis, in force since 1 Er Jul. 2015 ( RO 2015 1849 ).
1 The accelerated procedure begins when the preparatory phase is completed. It lasts between eight and ten working days.
2 The steps include the following steps:
3 For fair reasons and if it is foreseeable that the decision on the application for asylum may be notified in the centre of the Confederation, the duration of the procedure referred to in para. 1 can be extended for a few days.
1 The procedural steps referred to in s. 16, para. 2 and 4, in addition, in the first interview referred to in s. 16, para. 3, the grant to the applicant of the right to be heard as to his return to the alleged Dublin State responsible for examining his application for asylum.
2 There is no hearing; the accelerated procedure is governed by s. 17, para. 2, let. D to h.
3 The decision of non-entry in respect of a Dublin procedure shall be notified within three working days following the approval by the Dublin State of the request for transfer in accordance with Art. 22 and 25 of the Regulation (EU) No 604/2013 1 . 2
1 R (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection introduced in one of the Member States by A third-country national or stateless person (recast version), version of OJ L 180, 29.6.2013, p. 31.
2 New content according to the c. I 5 of the O of 12 June 2015 adapting acts due to new developments in connection with the Dublin/Eurodac acquis, in force since 1 Er Jul. 2015 ( RO 2015 1849 ).
1 If it is clear from the hearing on the grounds of asylum or following the granting of the right to be heard that a decision at first instance cannot be given in the context of an accelerated procedure, the processing of the application shall continue in a procedure Outside the test phase and the applicant is assigned to a township.
2 The transition to a non-phase test procedure occurs in particular where it is necessary to initiate additional training measures or that the SEM has decided to process the application in accordance with Art. 37 B LAsi. 1
1 New content according to the c. I of the O of 13 Dec. 2013, in effect since 1 Er Feb 2014 ( RO 2013 5363 ).
(in derogation from Art. 29, para. 3, 30 and 94 LAsi)
The provisions on representatives of self-help works contained in s. 29 and 30 LAsi do not apply during the test phases.
(in derogation from Art. 27, para. 4, LAsi)
1 Accommodation is recorded on the number of applicants returning to the township housing the Confederation Centre according to the distribution key provided for in s. 21, para. 1, OA 1 1 For the rest, the arrangements between the cantons concerning the taking into account of the accommodation places of the Confederation centres apply.
2 The persons for whom the execution of the reference was ordered as part of the test phases shall be assigned to the canton housing the centre of the Confederation. These persons are charged to him in accordance with the distribution key referred to in s. 21, para. 1, OA 1. 2
1 RS 142.311
2 New content according to the c. I 5 of the O of 12 June 2015 adapting acts due to new developments in connection with the Dublin/Eurodac acquis, in force since 1 Er Jul. 2015 ( RO 2015 1849 ).
The SEM assigns to a canton, by ensuring that the applicants are distributed between all the cantons, any person who has been granted asylum or provisional admission during the test phases.
1 The claimant whose application is processed in a centre of the Confederation is entitled to free counsel and legal representation.
2 The SEM mandates one or more providers to perform the tasks referred to in para. 1.
The Council shall include in particular the information provided to the applicant on rights and obligations during the asylum procedure.
1 With a view to the first maintenance in the preparatory phase and following the asylum procedure, the applicant is given a legal representative, unless he expressly waives it.
2 The legal representative shall inform the asylum-seerer as soon as possible about the chances of the asylum procedure.
3 Legal representation shall be provided until the decision is entered into force in the event of an accelerated procedure or the Dublin procedure, or until the decision is made to proceed with the off-phase test procedure.
4 Legal representation ends when the assigned legal representative communicates to the claimant that he or she is unwilling to file an appeal because it would be doomed to failure. This communication must take place as quickly as possible after the notification of the negative asylum decision.
5 The duties of the legal representative are governed by s. 28, para. 1 and 2.
1 The claimant referred to in s. 23, para. 2, is in particular responsible for ensuring, organizing and implementing the council and legal representation in the centre of the Confederation. It ensures the quality of advice and legal representation.
2 The claimant appoints the persons responsible for the advice and legal representation. He assigns legal representatives to the applicants.
3 The following are entitled to provide advice to persons who, in their professional capacity, advise applicants. Lawyers are entitled to legally represent an applicant. Also admitted are the holders of a university degree in law who, in a professional capacity, advise and represent applicants.
4 The provider and the SEM shall exchange regular information, in particular with a view to coordinating tasks and ensuring quality.
1 The SEM shall inform the provider of the dates of the first interview carried out in the preparatory phase, the hearing on the grounds of asylum and other steps in the procedure for which the participation of the legal representative is required. When the deadlines are communicated in time, the acts of the SEM deploy their legal effect even without the presence or participation of a legal representative. Remain reserved for short-term impediments for serious and excusable reasons.
2 If the legal representative does not give his opinion on the draft negative decision, or gives it outside of the time limits, although the claimant has received this draft in good time, it is considered that he has given up taking a position.
1 The SEM shall pay to the claimant compensation in particular for the following tasks:
2 Where the processing of an asylum application continues in a non-test procedure, compensation shall be paid for the information and advice provided so far to the applicant, as well as for participation in the first Maintenance in the preparatory phase and the hearing on the grounds for asylum in the centre of the Confederation.
3 The SEM pays the claimant federal contributions by contract and on the basis of financially advantageous solutions to:
(in derogation from Art. 43, para. 1, LAsi)
During his stay at a Confederation Centre, the applicant does not have the right to engage in a gainful occupation. It remains reserved for participation in an occupation programme.
(in derogation from Art. 45, para. 2, LAsi)
1 The removal order is subject to a reasonable period of departure. For decisions taken in an accelerated procedure, the period of departure is seven days.
2 A longer period of departure is allowed or the period of departure is extended when special circumstances such as the family situation or health problems justify it.
(in derogation from Art. 80, para. 2, LAsi)
1 As long as people stay in a Confederation Centre, social assistance or emergency assistance is provided by the Confederation. The latter, in collaboration with the canton housing the centre, ensures that health care and basic education are provided. It may entrust all or part of these tasks to third parties.
2 The SEM shall indemnify, on the basis of a contract, third parties authorised for administrative costs, staff costs and the remaining costs incurred in performing the tasks referred to in para. 1. This compensation can be paid in the form of packages.
3 The SEM may agree with the canton housing a centre that it concludes compulsory health insurance. The SEM pays him a lump sum allowance for health insurance premiums, investments and deductibles.
4 The canton housing a centre of the Confederation organises basic education for minor asylum seekers staying in the centre. The Confederation pays him a lump-sum allowance for teaching expenses.
1 In collaboration with the canton housing a centre, the Conference of Cantonal Directors of Social Affairs and the Conference of Directors and Directors of the cantonal justice and police departments and on the basis of criteria The SEM shall, by mutual agreement, examine, starting six months after the start of the test phases, the evolution of expenditure relating to emergency aid for persons subject to a referral decision in the context of the test phases. The procedure shall be governed, by analogy, by Art. 30, para. 3 to 5, of order 2 of 11 August 1999 on asylum (OA 2) 1 .
2 The DFJP adapts, on the basis of the results obtained in accordance with para. 1, the amount of the emergency assistance package allocated to the canton housing a centre.
The granting of lump sum contributions to the security costs of the cantons in which centres of the Confederation are located and the granting of contributions for the implementation of employment programmes in favour of persons staying in The centres of Confederation are governed by art. 91, para. 2 Ter And 4 Bis , LAsi.
1 The SEM encourages, by conducting regular counselling meetings in the centres of the Confederation, the autonomous returns of persons whose removal from Switzerland is enforceable.
2 A first advisory service may already be held during the preparatory phase.
3 The SEM may assign the tasks referred to in para. 1 to cantonal boards for return or to third parties.
The SEM provides, on the basis of a contract, federal contributions to the service providers for the return referred to in s. 34, para. 3, to compensate for administrative and personnel expenses incurred. This compensation can be paid in the form of packages.
1 The SEM may, in respect of individual return assistance under s. 74, OA 2 1 , provide additional financial assistance to persons whose applications for asylum are dealt with in the context of test phases.
2 This additional financial assistance shall be as follows:
3 The length of stay is decisive for calculating the amount of additional financial assistance. The longer the stay in Switzerland has been, the more it can be reduced.
4 The SEM no longer grants additional financial assistance after the entry into force of the first instance decision. In addition, s. 76 A OA 2 is applicable by analogy.
1 The assignment to a centre of Confederation under s. 4, para. 3, can be challenged only in the context of an appeal against the final decision and only for breach of the principle of unity of the family.
2 The decision referred to in s. 17, para. 2, let. D, can only be contested in the context of an appeal against the final decision.
(in derogation from Art. 108, para. 1, LAsi)
The appeal against an asylum decision in an accelerated procedure within the meaning of s. 17 must be filed within ten days of the notification of that decision.
(in derogation from Art. 80, para. 1, 2 E And 3 E Sentences, and 80 A , para. 1, let. A, LEtr) 1
1 In the case of persons staying at a centre of the Confederation, the power to order pre-trial detention (art. 75 LEtr) 2 This centre is located in the canton.
2 Where the removal order has been notified in a centre of the Confederation and the execution of the reference is foreseeable, the canton housing the centre may place the person concerned in detention for removal or expulsion in order to guarantee The execution of the reference.
3 As regards persons staying at a centre of the Confederation, the power to order detention under the Dublin procedure (Art. 76 A LEtr) is located in the canton housing the centre. 3
1 New content according to the c. I 5 of the O of 12 June 2015 adapting acts due to new developments in connection with the Dublin/Eurodac acquis, in force since 1 Er Jul. 2015 ( RO 2015 1849 ).
2 RS 142.20
3 Introduced by ch. I 5 of the O of 12 June 2015 adapting acts due to new developments in connection with the Dublin/Eurodac acquis, in force since 1 Er Jul. 2015 ( RO 2015 1849 ).
The SEM concludes with the competent authorities in the area of justice and security of the canton where a centre of the Confederation is responsible for an administrative agreement on the execution of the detention referred to in Art. 73 and the detention referred to in s. 75 to 78 LEtr 1 Concerning persons staying in the centre. The amount of the lump sum benefit is based on s. 15 of the order of 11 August 1999 on the execution of the removal and expulsion of aliens 2 .
1 This order shall enter into force on 1 Er October 2013 and has effect until September 28, 2015.
2 The amendment of 13 December 2013 shall enter into force on 1 Er February 2014 and has effect until September 28, 2015. 1
3 The duration of this order shall be extended to 28 September 2019. 2
1 Introduced by ch. I of the O of 13 Dec. 2013, in effect since 1 Er Feb 2014 ( RO 2013 5363 ).
2 Introduced by ch. I of the O of June 5, 2015, in force since 29 September. 2015 ( RO 2015 2055 ).
