A decision is then taken on whether to apply the Dublin procedure or the accelerated procedure. The Federal Administrative Court acts as the first and last court of appeal. In exceptional cases, if a special relationship of trust exists, the legal representation of the Federal Asylum Center remains responsible. The authorities may launch additional investigations into the asylum seeker’s origin and identity. Switzerland’s Asylum Procedure Dietrich Thränhardt . One of the arguments used at the time was that this would allow refugees to … It starts by examining whether the applicant can prove or credibly demonstrate that he or she fulfils the legal criteria of a refugee. The vast majority of adult asylum seekers undergo a Dublin interview. In most cases, asylum applications are lodged in one of the six asylum centres with processing facilities that are run by the SEM. A take-over request is submitted if it is found that this examination is the responsibility of another European State. Special rules apply to the asylum procedure if a person enters Switzerland via Zurich or Geneva airport and submits his/her asylum application in the airport’ transit area (Art 22 and 23 AsylA). In all the other cases where a decision to dismiss the application without examining the substance of the case has been taken, the SEM examines if the transfer of the applicant to the receiving State is lawful, reasonable and possible. Dublin member states determine which member has authority to process the asylum application. The time limit is five working days in the case of an inadmissibility decision, a decision in the airport procedure, or if the applicant comes from a so-called safe country of origin (according to the list of the Federal Council) and is evidently not eligible for refugee status and his or her removal is lawful, reasonable and possible. In 2012, Switzerland introduced fast-track asylum procedures for applicants from certain countries. If the asylum seeker is an unaccompanied minor, the first step in the procedure is a brief initial interview. They were signed on 26 October 2004 and the collaboration actually began on 12 December 2008. An appeal can be made against inadmissibility and negative in-merit decisions. In these cases, the State Secretariat for Migration first decides whether to grant, or provisionally refuse, entry into Switzerland. Asylum seekers whose applications for asylum cannot be decided straight after the interview because further clarification is required will be assigned to the extended procedure. The preparatory phase lasts 10 days under the Dublin procedure and 21 days under all other procedures. In certain cases, Switzerland may, for humanitarian reasons, declare itself responsible and assume responsibility for examining the asylum application. In some cases, USCIS takes longer than 30 days to send receipt notices. [8], Dublin procedure: If the preliminary investigations indicate that another Member State might be responsible for processing the asylum application according to the Dublin III Regulation, a request for taking charge or taking back is submitted to the relevant State. Bern will triple to CHF 18,000 the amount it pays to the cantons to integrate each person into the job market, a plan that will cost CHF 132 million. Asylum procedures are carried out in federal centres located in six defined regions in Switzerland. They get an “N” permit and are allowed to seek employment after 3 months in Switzerland. This extended procedure lasts for a maximum of one year and ends once an asylum decision has been issued. This type of visa application is usually only possible in the country of origin, not in third countries. If this is not the case, the concerned asylum applicants are directed to one of those centres within 72 hours of filing the application for asylum. It requires you, any spouse included in your asylum application, and any children … Fingerprints are taken and compared with the European database and other biometric data is also collected. Depending on where you live, we will schedule you for an interview with … As a result, they cannot choose in which region their application will be examined. The asylum seeker or a representative, such as an employee of the legal advice centre, can apply for free legal assistance and representation in the event of an appeal. Dublin member countries include EU member states as well as Norway, Iceland, Liechtenstein and Switzerland. Switzerland generally has six months to perform the transfer. [20] Article 46 AsylA; Article 21(2) Test Phases Ordinance. Switzerland generally has six months to perform the transfer. attribution to a canton), the deadline for appeal is 5 days in the accelerated and 10 days in the extended procedure. Throughout the process of receiving asylum, the Swiss government provided Karla with comprehensive health care that respected her needs as a trans woman. [9] In case of a Dublin procedure, the SEM has to examine whether grounds exist to make use of the sovereignty clause. The time for lodging an appeal against a negative asylum decision within the airport procedure is five working days.[22]. Swiss Refugee Council / Schweizerische Flüchtlingshilfe (SFH) Weyermannsstrasse 10 3001 Berne. To this end, the reform brings together all the main actors of the procedure “under the same roof”. If such grounds exist, Switzerland takes over the responsibility for examining the application even if another Member State would be responsible according to the Dublin Regulation. Special centres Map data © 2013 Basarsoft, Google, INEGI, MapLink, ORION-ME – Terms of Use, Overview of the main changes since the previous report update, List of authorities intervening in each stage of the procedure, Number of staff and nature of the first instance authority, Border procedure (border and transit zones), Legal representation of unaccompanied children, Information for asylum seekers and access to NGOs and UNHCR, Provision of information on the procedure, Differential treatment of specific nationalities in the procedure, Criteria and restrictions to access reception conditions, Forms and levels of material reception conditions, Reduction or withdrawal of reception conditions, Special reception needs of vulnerable groups, Information for asylum seekers and access to reception centres, Access to reception centres by third parties, Differential treatment of specific nationalities in reception, Differential treatment of specific nationalities in detention, Cessation and review of protection status. In the preparatory phase, asylum seekers are given free advice about the steps involved in the asylum procedure as well as their rights and obligations, all during a one-on-one interview. It collects information on the identity, the origin and the living conditions of the applicant and covers the essential information about the journey to Switzerland. [17] In addition to a possible additional interview, other investigative measures can relate to the identity and origin of the person, the alleged medical problems, the documents submitted or the credibility of the allegations. Some 1.3 million first-time asylum applications alone were filed in EU countries, Norway and Switzerland in 2015 and an additional 1.2 million were filed in 2016. With the extended procedure, free legal representation is not provided for appeals. Application for asylum: A person can apply for asylum in a federal asylum centre with processing facilities, at a Swiss border or during the border control at an international airport in Switzerland. [11] It lasts a maximum of eight working days,[12] and includes mainly the following stages:[13]. Speed and Quality – ... 1.2 Structured main procedures with time limits. Under the accelerated procedure, asylum seekers can describe their reasons for flight in detail during a hearing and provide the authorities with evidence (police summons, court decisions, medical certificates, photos, newspaper articles, etc.). Once the asylum application has been submitted, the preparatory phase begins. Appeal: If an applicant has not been granted asylum, the individual can submit an appeal against the decision of the SEM to the Federal Administrative Court. asylum systems,4 as the 28 Member States of the European Union (EU) had a total 1,036,762 pending asylum applications at the end of August 2016.5 As explained by the European Commission, an efficient asylum system is needed “to process quickly and effectively asylum claims lodged in the EU”.6 The As a rule, asylum seekers whose applications have been rejected are given a timeframe to leave Switzerland: anywhere from a Under the Dublin and accelerated procedures, while in a federal asylum centre, the asylum seeker can be represented by their assigned legal representative, unless the legal representative decides to terminate their role because the appeal has little chance of success. [15] Asylum is not granted if a person with refugee status is unworthy of it due to serious misconduct or if he or she has violated or endangered Switzerland’s internal or external security (Article 53 AsylA). In general, foreign nationals may apply for a naturalization license only if they have been permanent residents of Switzerland for a total period of Find out more data protection policy . We use cookies. Take the example of the asylum … Preparatory phase: The preparatory phase (“phase préparatoire”) starts after the lodging of the application and lasts a maximum of 10 days in the case of a Dublin procedure and a maximum of 21 days for other procedures. During this interview, the SEM examines whether another State is responsible for processing the asylum application under the Dublin system. All asylum applications submitted by 28.02.2019 are being processed under the asylum procedure that was in force until 28 February 2019. Under the extended procedure the appeal time limit is 30 calendar days. Î If it is decided to dismiss your asylum application in Switzerland and you face repat riation to another European country, contact the local legal aid centre immediately. Exceptions are application for reconsideration or revision, but these are rarely successful in practice. If the SEM considers however that an applicant is not eligible for the refugee status or that there are reasons for his or her exclusion from asylum,[15] it will issue a negative asylum decision. Given that she had waited more than 40 years to fully transition to look and feel as she had always seen herself, three years would feel like no time at all. During this period, the asylum seeker’s personal details are recorded. If rejected, most leave Switzerland and As laid down in law, a person able to demonstrate that he or she meets these criteria is granted asylum in Switzerland. Cancellation and inadmissibility decision: On this basis, the SEM decides whether an application should be examined and whether it should be examined in substance. After the Dublin interview, the SEM decides whether to examine the content of the asylum application. In this case, the person is issued with a residence permit as a provisionally admitted as foreigner or refugee. The SEM must then issue the asylum decision within a maximum of 20 days after the asylum application has been lodged. In an extended procedure, the deadline for appeal is 30 days for in-merit decisions. The proceeding is different if an application is filed at the international airports of Zurich and Geneva (see below). If you commit a crime and do not need protection, the UDI will process and reject your asylum application within a short space of time. In 2000, foreign permanent residents accounted for 20.9% of the population. After the interview, the authority examines whether the asylum seeker meets the status of a refugee, whether he or she will be granted asylum or whether there are other reasons why the person is unable to return to his or her home country or country of origin. After the second interview, the SEM carries out a substantive examination of the application. All asylum seekers are assigned to a federal asylum centre with processing facilities, run by the Federal government in six asylum regions: Altstätten (Eastern Switzerland asylum region), Basel (Northwest Switzerland asylum region), Balerna and Novazzano [until further notice Chiasso] (Central Switzerland and Ticino asylum region), Bern (Bern asylum region), Boudry (Western Switzerland asylum region) and Zurich (Zurich asylum region). He or she may stay in Switzerland and receives a B permit. If the application cannot be considered as an asylum claim according to the Asylum Act or if the application is not sufficiently justifiable and/or the asylum seeker withdraws his or her application, the latter is cancelled without a formal decision. The changes meant that asylum applications from these nationals were to be processed within 48 hours of their initial interview. The humanitarian visa offers a possibility to enter Switzerland for humanitarian reasons. time that refugees wait in limbo for a decision on their asylum claim, affects their subsequent economic inte- ... to be paired with details about the asylum process and integration out- ... who applied for asylum in Switzerland between 1994 and 2004 and This article examines the multiple forms of liminality that asylum seekers in Switzerland experience during the process of asylum request. There were 40,774 people in the asylum process at the end of 2008. If Switzerland is not responsible for examining the asylum application, the SEM rejects the application or issues a so-called non-admission decision (NEE). The decision to proceed with the extended procedure is an “incidental decision” (“Zwischenverfügungen” in German or “décision incidente” in French) that cannot be appealed before the final decision is issued so as to avoid lengthy procedures. The SEM checks the evidence, i.e. Therefore, the liminal period is no longer a formative one with the potential for the reproduction of social structures, but rather a space/time of annihilation and negation of sociality. Before the entry into force of the new asylum system throughout the country in March 2019, SEM implemented a test phase in the federal asylum centre of Zurich (with a centre without processing facilities in Embrach) between 2014 and March 2019. We are committed to ensuring that asylum seekers in Switzerland receive a fair hearing. During this procedure, the asylum seeker can seek support from a designated legal advice centre in the same canton. The hearing and any possible evidence are used to determine the asylum decision. In an accelerated procedure, the time limit for appeal is seven working days but was temporarily extended to 30 days with the Ordinance COVID-19 Asylum (in force at least until 30 June 2021). [1] The Asylum Act and the Federal Act on Foreign Nationals and Integration as well as different relevant ordinances have been entirely or partially revised. Even if they apply in one of the federal centres, asylum seekers can be transferred to one of the five other centres located in another region. [6] Similarly, the application of asylum seekers will be cancelled without a formal decision if they fail to cooperate without valid reason or if they fail to make themselves available to the authorities for more than 20 days – or more than 5 days if the asylum-seeker is accommodated in a federal centre. Effect of waiting period on refugee employment We draw upon unique register panel data that track all individuals who applied for asylum in Switzerland between … Wash. Nov. 4, 2020), USCIS and the Executive Office for Immigration Review (EOIR) have implemented a Uniform Procedural Mechanism (UPM) for the filing and processing of Form I-589, Application for Asylum and for Withholding of Removal.Under the UPM, we will send your Form I-589 … [10], Accelerated procedure: Unless a Dublin procedure is initiated, the accelerated procedure itself starts as soon as the preparatory phase is completed. [20], Airport procedure: If the asylum application is lodged at the border in the transit area of an international airport, special rules apply. In this case, the SEM has to examine whether the removal of the applicant is lawful, reasonable and possible. [16] If the removal is either unlawful, unreasonable or impossible, the applicant will be admitted temporarily to Switzerland (F permit). Switzerland grants protection and residence to people who are exposed to serious persecution in their country of origin due to their ethical affiliation, religion, nationality, membership of a particular social group or political opinion, or who are unable to return for other humanitarian reasons. Recently, Switzerland’s federal government launched a new set of initiatives aimed at getting 70% into work that will go into effect on 1 May 2019, according to Le Matin. Under the airport procedure, the asylum and appeal procedures can be carried out in the airport's transit area. Switzerland is obliged to examine the application itself if systemic flaws mean that the person is threatened with inhumane or degrading treatment in the other Dublin State. [19], Removal: The cantonal authorities are in charge of the execution of the removal of an applicant, regardless of whether the measure concerns a Dublin transfer or a removal to a country of origin. Asylum Applications in Switzerland is expected to be 1721.73 persons by the end of this quarter, according to Trading Economics global macro models and analysts expectations. Extended procedure: If it appears from the interview on the grounds for asylum that a decision cannot be taken under an accelerated procedure, the application is processed further in an extended procedure and the asylum seeker is allocated to a canton. The time limit for appeal is five working days under the Dublin procedures and seven working days under the accelerated procedures. The purpose of the preparatory phase is to carry out the preliminary clarifications necessary to complete the procedure, in particular to determine the State competent to examine the asylum application under the Dublin Regulation, conduct the age assessment – if the minority is doubted – collect and record the personal data of the asylum seeker, examine the evidence and establish the medical situation.[3]. If Switzerland is not responsible for examining the asylum application, the SEM rejects the application or issues a so-called non-admission decision (NEE). Preparation of a second interview regarding the grounds of asylum; Conduct of the second interview and/or granting the right to be heard; Assessment of the complexity of the case and decision to continue the examination of the asylum application under the accelerated procedure or proceed to the extended procedure; If negative, legal representative’s opinion on the negative draft decision within 24 hours. The initial interview and the Dublin interview are the asylum seeker's first official interviews with the SEM. In contrast to the asylum procedure, no formal criteria apply to the application itself. An application for asylum is any declaration made by a foreign person indicating that he or she is seeking, in Switzerland, protection from persecution. In most cases, asylum applications are lodged in one of the six asylum centres with processing facilities that are run by the SEM. [16] Article 44 AsylA; Article 83 FNIA. If a person has not been granted protection, he or she may appeal to the Federal Administrative Court within the appeal time limit. [21] As a first step, the SEM has to decide whether entry into the territory should be allowed. In this situation you only have 5 working days to file an appeal. The SEM hearing occurs in the presence of the asylum seeker's legal representative. As for regards incidental decisions (e.g. v. Wolf et al., 2:16-cv-01024-RSM (W.D. This reservation indicates that the prohibition to file an asylum application within 3 years cannot be applied if it would constitute a violation of the Convention, in particular of the right to seek protection. During the preparatory phase, a first interview is held mainly to determine whether Switzerland is competent to examine the merits of the asylum application (Dublin interview). Thereafter, a second test phase was conducted in Boudry (with a centre without processing facilities in Chevrilles/Giffers) from April 2018 to February 2019, in order to set up the appropriate processes and test the new accelerated procedure. Special cases: Humanitarian visa or resettlement program, Asylum decision: Protection status or expulsion. From this point on, procedures are accelerated and decentralised into federal asylum centres. If that time limit is not met, the SEM allocates the applicant to one of the six federal asylum centres with processing facilities where he will undergo the regular procedure. In practice, the most frequent reason for such a decision is the possibility of the applicant to return to a so-called safe third country or if according to the Dublin III Regulation another State is responsible for conducting the asylum and removal procedures. Each stage of the asylum procedure is explained below. In case entry is provisionally refused to an applicant, the whole asylum procedure is generally carried out in the transit area of the airport. In 2011, 22,551 people filed an application for asylum in Switzerland. [7], In certain cases, the SEM will take an inadmissibility decision (so-called NEM or NEE), which means that it decides to dismiss the application without examining the substance of the case. If the decision is negative, the person must leave Switzerland, unless there are obstacles to removal. The 16,606 asylum applications submitted in 2008 represent a 53.1 percent increase from 2007. 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