Political Asylum in Switzerland

Political Asylum in Switzerland

Political asylum in Switzerland

Any person who is threatened or persecuted in their home country in accordance with criteria recognised under international law will be granted asylum in Switzerland.

Swiss asylum policy

Swiss asylum policy incorporates the basic principles of the Geneva Convention relating to the Status of Refugees. The asylum procedure serves to determine whether a person is entitled to protection. The revised Asylum Act entered into force in part on 1 January 2007, and the remaining provisions will take full legal effect on 1 January 2008. The Federal Office for Migration (FOM) is in charge of implementing and enforcing asylum policy and the asylum law.

Asylum applications

An asylum application can be submitted verbally or in writing to a Swiss representation abroad, to a border post, to the border control at a Swiss airport or to a reception and application centres. Although asylum applications are not bound to any formal provisions, they should include supporting evidence whenever possible. If an application is made at the border, the border guards notify the Federal Office for Migration (FOM).

Asylum proceedings

Asylum proceedings begin with filing an asylum application. Applicants have the right to stay in Switzerland throughout the proceedings and are granted an N permit for this purpose.

Decision to grant asylum

After careful consideration, the Federal Office for Migration (FOM) rules on the application and on whether the asylum seeker is granted residence or has to return to their home country.

Positive decision: asylum and residence in Switzerland granted

Further to a positive decision, the cantonal immigration authorities grant acknowledged refugees a residence permit for third-country nationals (B permit). After five years, this permit is usually replaced by a settlement permit (C permit).

Negative decision

There are three types of negative decisions concerning asylum:

1. A decision to deny asylum (material decision) considers the reasons for the flight, the applicant’s credibility and the relevance of granting asylum.
2. Inadmissibility of the application (formal decision) is decided based on a review of qualification for refugee status.
3. If preventive deportation (formal decision) is pronounced, the applicant is deported to another country before the procedure is concluded.

Temporary admission

Asylum seekers whose applications have been rejected, but who cannot return to their country, can obtain temporary admission to Switzerland. Temporary admission is granted if expulsion is:
- unreasonable (e.g. due to war or risk of serious personal emergency situation)
- inadmissible (violation of the European Convention on Human Rights)
- impossible (the journey back is not possible for technical reasons)

Appeals

Asylum seekers have the right to lodge an appeal against the negative decision. For information about the necessary steps (which differ for each of the three decisions), please contact the Federal Administrative Court (FAC) and the cantonal immigration authorities. These are also the places to contact if you are in financial straits or to claim the right for help in the event of an emergency situation.

Return assistance

Anyone in the sphere of asylum can apply for return assistance. For information on the return assistance, please contact the FOM. Even persons who have been officially granted asylum can receive return assistance if they wish to remigrate to their native country. Applications for return assistance should be submitted to the return counselling office in your canton.

Family reunification

During the asylum proceedings, asylum seekers are not entitled to family reunification. Acknowledged refugees (B or C Permit), however, may send for their family members if there are no reasons to the contrary. Temporarily admitted refugees (F Permit) may submit an application for family reunification at the earliest three years following the decision on temporary admission. Applications for family reunification can be submitted to a Swiss representation abroad or to the Federal Office for Migration (FOM).

 

( Source: http://www.ch.ch/schweiz/00157/00176/index.html?lang=en )

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