(art. 71 LEtr) ²

The State Secretariat for Migration (SEM) ³ Assists the cantons in the field of enforcement.

(art. 71, let. A, LEtr) ²

¹ At the request of the cantonal police of the competent foreigners, the SEM is responsible for obtaining travel documents for foreigners who are subject to a removal or expulsion decision.

² It is the interlocutor of the authorities of the countries of origin, in particular diplomatic or consular representations of the States of origin or of the foreign nationals who are subject to a removal or expulsion decision, provided that others Arrangements have not been made within the framework of a readmission agreement or after agreement with the cantons.

¹ As part of its intervention to obtain travel documents, the SEM verifies the identity and nationality of aliens who are subject to a removal or expulsion decision.

² For this purpose, it may, in particular, conduct interviews, present the person concerned to the representation of his country of origin and carry out linguistic or textual analyses, as well as invite a delegation from the State of origin or of origin to Switzerland. He communicates the result of his investigations to the canton. ²

(art. 97, para. 2, LAsi)

¹ Refugee status is considered not to be recognised when the application for asylum has been rejected or when a decision on non-entry has been made.

² The procedures for obtaining the travel documents necessary for the execution of the reference may be instituted even in the event of the use of channels or means of law.

(art. 48 A LOGA)

Until the conclusion of a Convention on the readmission and transit of persons who are in an irregular situation in Switzerland within the meaning of Art. 100, para. 2, let. B, LEtr, Federal Department of Justice and Police (DFJP) ² May, in agreement with the Federal Department of Foreign Affairs (DFAE), enter into agreements with foreign authorities dealing with organisational matters relating to the return of foreigners to their countries of origin, on the one hand, and The return and reintegration assistance.

(art. 71, let. B, LEtr) ²

¹ To organise departures, the SEM can collaborate with the DFAE Travel and Transportation Service, as well as with airlines or private travel agencies.

² As far as air returns are concerned, the SEM can take the responsibility, in particular, for reserving tickets and setting routes.

³ The SEM may organise special flights and, in agreement with third States, international flights to the States of origin or from foreigners who are subject to a removal or expulsion decision. At the same time, it ensures coordination between the cantons concerned.

(art. 71, let. C, LEtr) ²

¹ The SEM maintains a permanent exchange of information with the DFAE and international organisations on:

A.

Obtaining documents;

B.

The organisation of departures and returns;

C.

The safety of official escorts.

² The SEM may request the DFAE to intervene directly with the states of origin or provenance of foreigners who are subject to a removal or expulsion order, or to diplomatic or consular representations.

¹ The SEM shall establish and update computerised documentation on the main countries of origin or source. This documentation includes all information required for the execution of references or expulsions, including information on obtaining travel documents, travel arrangements and security.

² The SEM maintains a permanent exchange of information with the competent cantonal authorities on issues relating to the implementation of removals and expulsions and organises, in particular, refresher courses and briefings.

In particular, when it is a matter of presenting foreigners who are subject to a decision of removal or expulsion to the diplomatic or consular representations of the States of origin or of origin, conduct interviews with a view to establishing their identity and Nationality or to drive them to airports, the cantons guarantee the SEM the necessary administrative assistance.

Where it is not possible to obtain travel documents from the country of origin of a foreigner for the purpose of carrying out his or her removal or expulsion, the SEM may establish a supplementary travel document, provided that this measure provides for the Repatriation of the person concerned in the State of origin or of origin or in a third State.

¹ The SEM shall suspend aid for the execution of references or expulsions for as long as:

A.

Technical reasons prevent the carrying out of references or expulsions;

B.

The cantons do not provide the necessary administrative assistance;

C.

The authorities are not aware of the foreigner's stay. ¹

² A removal or expulsion may not technically be carried out, in particular where it is not possible to obtain the travel documents or arrange the departure, while the person obliged to leave has cooperated in accordance with his or her Obligations.

¹ The SEM manages an airport service, which includes the following tasks: ²

A. ³

The coordination of the security escort in the event of enforced execution of a decision on removal or expulsion by air;

B.

The central reservation of ticketing and the establishment of optimal routes (routing);

C.

The payment of individual contributions and the delivery of medicines in the context of return assistance, as well as a viatia.

² The SEM may enter into regulations for the operation of the airport service with the competent authorities of the cantons on whose territory an international airport or with third parties is located. This service includes the reception of persons at the airport and the transport under police escort of persons to be boarded. The services provided by the competent authorities at the airport or by third parties on the mandate of the SEM shall be counted directly to the authorities or third parties concerned. ⁴

³ The Confederation pays the following packages per person for the reception of persons at the airport and the transport under police escort of persons to board:

A.

400 francs for line flights;

B.

1700 francs for special flights to third states or countries of origin. ⁵

⁴ The EMM provides medical support to:

A.

On all special flights for all persons to be returned in the context of repatriation; the cantons shall bear the costs associated with the repatriation of persons under the aliens legislation;

B.

On flights for the classes of persons listed in s. 92, para. 2, LAsi, if necessary. ⁶

¹ In order to monitor and control cases related to the execution of removals and expulsions and to compile statistics, the SEM operates a computer system (AURORA).

² The following data are processed for this purpose:

A.

The identity of the interest;

B.

In its civil status;

C.

To its addresses;

D.

Its legitimation documents;

E.

Measures to determine identity and nationality;

F.

Their linguistic knowledge;

G.

The existence of a determining medical certificate;

H.

On the date of release;

I.

Guaranteed security during repatriation;

J.

The status of asylum and police procedures for foreigners;

K.

The state of preparation for the execution of the removal and expulsion;

L.

To the viatic and to the return aid.

³ The SEM staff responsible for carrying out removals or evictions have access to these data.

The execution and departure costs paid by the SEM on behalf of the cantons for foreign nationals who are subject to a removal or expulsion order shall be counted separately.

¹ The SEM makes contributions to the cantonal coordination services competent to deal with readmission applications under bilateral agreements on the readmission of persons in an irregular situation.

² The federal contribution is a lump sum. The SEM establishes, within the framework of a benefit mandate, the amount of the lump sum payment on the basis of the administrative expenditure occasioned by the processing of readmission applications; it also sets out the procedure for payment and the procedure Count.

(art. 82, para. 2, LEtr)

¹ In the case of retention within the meaning of s. 73 LEtr or detention ordered in accordance with Art. 75 to 78 LEtr, a lump sum of 200 francs per day shall be paid to the canton concerned from a detention or detention period of 12 hours.

² For detention facilities financed wholly or partly by the Confederation, this amount is reduced in proportion to the share of depreciation. The DFJP rules the procedure in agreement with the Federal Department of Finance.

³ The SEM observes the development of operating costs at the Swiss level. To this end, the cantons shall provide it with the necessary bases for the composition of the operating costs.

⁴ The SEM may conclude with the cantonal authorities competent in the field of justice and security of administrative agreements on the making available of places of detention in favour of the Confederation for the execution of detention under Art. 76, para. 1, paragraph b, c. 5, LEtr.

¹ The cantonal authorities competent in the field of aliens shall transmit to the SEM the following data concerning detentions ordered in accordance with Art. 73 and 75 to 78 LEtr in the fields of asylum and aliens:

A.

The number of detentions ordered and the duration of each detention;

B.

The number of repatriations;

C.

The number of releases;

D.

The nationality of detainees;

E.

The sex and age of inmates;

F.

The nature of detentions.

² In the case of minors, they also indicate whether legal representation has been established and whether measures to protect the child have been taken. ²

(art. 71 A, Al. 1, LEtr)

¹ Control of removal or expulsion by air relates to the following phases:

A.

The conduct of the person concerned at the airport;

B.

The organization of the device at the airport;

C.

Theft;

D.

Arrival at the airport of destination and the delivery of the persons concerned to the authorities of the State of destination.

² Where the person concerned cannot be returned to the State of destination, the check shall also cover the return flight to Switzerland, the reception at the airport and the handing over to the competent cantonal authorities.

(art. 71 A , para. 2, LEtr)

¹ The SEM mandates third parties to perform tasks as part of the control of removal or expulsion by air. Third parties must be independent of all services involved in proceedings under the right of aliens or asylum or in the execution of removal or expulsion.

² SEM enters into agreements with mandated third parties.

(art. 71 A , para. 2, LEtr)

¹ Mandated Third Parties:

A.

Monitor some or all phases of removal or expulsion by air;

B.

Draw up a report to the SEM for each removal or expulsion under escort;

C.

Prepare an annual activity and management report for the attention of the DFJP and the Conference of Directors of the cantonal justice and police departments.

² They can:

A.

Participating in the preparation of a removal or expulsion by air;

B.

Address, during removal or deportation, their claims and observations to the responsible team leader;

(art. 71 A LEtr)

¹ SEM indemnifies third parties for their tasks related to the control of removal or expulsion.

² The compensation is a lump sum.

(art. 82, para. 1, LEtr)

The Confederation subsidizes, within the limits of appropriations, the construction, expansion, processing and development of cantonal detention facilities where the following conditions are met:

A.

The detention facility is exclusively for the execution of pre-trial detention, detention for removal or expulsion, detention for insubordination and detention;

B.

The establishment shall be made available to several cantons and the Confederation in order to guarantee the execution of the reference; this condition may, in particular, be abandoned when the geographical situation of the establishment makes it more accessible Difficult;

C.

The detention facility has sufficient premises to allow for recreational activities, offer work opportunities, provide medical supervision and promote social contacts;

D.

Particularly vulnerable persons, including unaccompanied minors and families with children, are housed in premises separate from those of other prisoners;

E.

Inmates have sufficient opportunity to move within the detention facility, without compromising the performance of the referral, the proper functioning of the institution and compliance with security requirements;

F.

The conditions referred to in s. 3, para. 1, let. A to e, of the Federal Act of 5 October 1984 on the benefits of the Confederation in the field of enforcement of penalties and measures (LPPM) ¹ Are filled by analogy.

(art. 82, para. 1, LEtr)

¹ The federal grant is, at most, 35 % of the construction and development costs recognized if the institution of detention constructed, enlarged or transformed has at least 20 places of detention.

² At most, it amounts to 60 % of the construction and development costs recognised if the institution of detention constructed, enlarged or transformed has at least 50 places of detention.

³ The Confederation shall take charge of up to 100 % of the construction and development costs recognised if the establishment of detention constructed, enlarged or processed has at least 50 places of detention and is essentially intended to guarantee The execution of references in the field of asylum directly from the houses of the Confederation.

¹ The Confederation calculates its contributions to the recognized costs of construction, expansion or conversion on a per-spot basis (art. 4, para. 2, LPPM ¹ ).

² The DFJP establishes the basis for calculation and a fixed package of administrative detention.

Applis by analogy to construction grants s. 12, para. 2 (Method of calculation), 13 (Discovered construction costs), 15 (Fixing of packages and supplements; adjustment to price developments and higher prices), 19, para. 2 to 4, (Forfait per seat), 20 (Safety supplements) and 20 B (Supplements for external developments and mobile equipment in case of new constructions and transformations) of the Ordinance of 21 November 2007 on the benefits of the Confederation in the field of enforcement of sentences and Measures (OPPM) ¹ .

(art. 82, para. 1, LEtr)

¹ Any change in the allocation of the permanent establishment must be announced without delay to the Federal Office of Justice (OFJ).

² Art. 12, para. 1 and 2, LPPM ¹ Shall apply mutatis mutandis to the return of subsidies.

³ The OFJ can reduce the amount of restitution or renounce restitution:

A.

When the assignment change is short-lived;

B.

Where the establishment is used to carry out other types of detention or to perform enforcement duties under federal law.

(art. 82, para. 1, LEtr)

¹ Before making its decision on subsidies, the OFJ consults the SEM on the needs of new places of detention and the location of the planned construction.

² Moreover, the procedure is governed, by analogy, by art. 25 to 33 OPPM ¹ .

The SEM decides on the provisional admission; it itself executes its decision, provided that the LEtr does not confer jurisdiction on the cantons.

¹ When the SEM has ruled in respect of asylum and referral, the competent cantonal authorities may apply for provisional admission only if the execution of the referral is impossible.

² A canton may apply for provisional admission only if it has undertaken, on time, all the steps necessary to carry out the reference. If, by his or her conduct, the person concerned interfered with that performance, he is not admitted on a provisional basis.

The legal status of refugee provisionally admitted and the social assistance generally granted to this category of persons are governed by the same provisions as those applicable to refugees to which Switzerland has granted asylum.

¹ Foreigners who are granted temporary admission must file their travel documents with the SEM, as well as any foreign credentials they may have.

^1bis If a person who is admitted on a temporary basis does not file travel documents, the MIR may confiscate them. Travel documents that have not been filed are considered to be lost and registered with the RIPOL. ²

² The cantonal authorities shall issue to the person concerned, in accordance with the decision taken by the SEM, a booklet for foreigners F, with a validity limited to a maximum of one year and which can be extended accordingly. This document serves as an identification document for all federal and cantonal authorities. However, it merely confirms the legal status of the holder and does not entitle the holder to cross the border.

³ In the booklet F are mentioned the place of stay and possibly the authorisation to engage in a gainful occupation. Amendments to these entries shall be made by the cantonal authorities.

⁴ Booklet F does not confer any right of residence, regardless of the length of validity of this document.

^4bis Persons who are provisionally admitted must submit their libretto F to the competent cantonal authorities two weeks before the deadline for its extension.

⁵ The F-book is confiscated when the alien leaves Switzerland voluntarily or when his or her residency requirements are regulated by the foreign police.

For the distribution between the cantons of persons admitted provisionally and for changes in the canton of this category of persons, the provisions laid down in Art. 21 and 22 of Order 1 of 11 August 1999 on asylum ¹ .

(art. 85, para. 7, LEtr)

The procedure for bringing together members of a family of persons provisionally admitted to Switzerland is governed by Art. 74 of the Order of 24 October 2007 on admission, residence and the pursuit of a gainful occupation (OASA) ² .

¹ The competent authority of the canton of residence shall, at all times, report to the SEM the elements which may lead to the lifting of the provisional admission.

² The SEM may, at any time, decide to lift the provisional admission when the conditions for granting the measure referred to in Art. 83, para. 2 to 4, LEtr, are no longer filled. If he does not make his decision following a request from the authority having applied for provisional admission, he shall consult this authority in advance.

³ The SEM shall set an appropriate period of departure, provided that the immediate execution of the removal or expulsion is not ordered.

The provisional admission shall be terminated in accordance with Art. 84, para. 4, LEtr when the person permanently leaves Switzerland. A departure shall, in particular, be considered final when the person provisionally admitted:

A.

Files an application for asylum in another State;

B.

See his or her stay in another State;

C. ²

...

D.

Returned to the State of origin or to the State of origin without a return visa within the meaning of Art. 7 ODV or foreign passport as defined in Art. 4, para. 4, ODV;

E.

Stays abroad beyond the period of validity of his or her return visa as defined in s. 7 ODV or his passport for foreigners within the meaning of Art. 4, para. 4, ODV;

F.

Was announced to the authorities and left Switzerland.

(art. 64 LEtr)

¹ The reference decision states:

A.

The foreign obligation to leave Switzerland;

B.

The day he or she is to leave Switzerland;

C.

The means of constraint applicable if the alien does not comply.

² The decision to refer shall be reasoned and shall indicate the grounds of appeal.

(art. 64, para. 2, LEtr)

¹ A foreigner with a valid residence permit issued by a state bound by one of the Schengen (Schengen) association agreements and who is invited without a formal decision to travel to that Schengen state must leave Switzerland in the space of one Day. A longer period of departure may be allowed when special circumstances, such as health problems or the family situation, justify it.

² The Schengen association agreements are listed in Annex 1.

(art. 64 B LEtr)

The SEM shall make the standard forms necessary for the provision of the relevant services.

(art. 64 F , para. 2, LEtr)

¹ The information sheet is provided with the standard form. It must be translated at least into the five languages most frequently used or understood by foreigners who have entered illegally.

² In particular, it must include information on the legal basis of the decision, the possibility of lodging an appeal and the consequences of non-compliance with the period of departure.

³ The SEM shall make the information sheets available to the competent authorities.

The order of 25 November 1987 on the provisional admission of aliens ¹ Is repealed.

Pursuant to Art. 26 of this order, the SEM sets the period for the departure of Yugoslav nationals domiciled at the last place in Kosovo, whose provisional collective admission is already lifted at the time of the entry into force of this order and to which The competent cantonal authorities have not yet set a deadline for departure.

Persons who have been provisionally admitted for three years or more at the time of entry into force of this amendment may, without delay, form a request for the inclusion of their family members in the status of aliens admitted to the Provisional title.

This order shall enter into force on 1 ^Er October 1999.