A take-over request is submitted if it is found that this examination is the responsibility of another European State. In the long-term, the Switzerland Asylum Applications is projected to trend around 1689.08 persons in 2021 and 1688.97 … If rejected, most leave Switzerland and [4] The interview is conducted in the presence of the applicant’s legal representative and is usually translated over the phone by an interpreter. More information on asylum status can be found here. 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. It can be granted either to persons with refugee status that are excluded from asylum or to foreigners (without refugee status). Asylum Information Database | European Council on Refugees and Exiles. The SEM has various options when it comes to asylum-status determination. 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. 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. During this interview, the SEM examines whether another State is responsible for processing the asylum application under the Dublin system. This will depend on whether you first applied for asylum in Switzerland or in another European country. We are committed to ensuring that asylum seekers are housed in decent accommodation throughout the whole duration of the procedure. 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. 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 Federal government assigns these persons to a canton, which is responsible for their accommodation and care throughout the procedure. Special centres The changes meant that asylum applications from these nationals were to be processed within 48 hours of their initial interview. 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. Swiss Refugee Council / Schweizerische Flüchtlingshilfe (SFH) Weyermannsstrasse 10 3001 Berne. If Switzerland is not responsible for examining the asylum application, the SEM rejects the application or issues a so-called non-admission decision (NEE). This article examines the multiple forms of liminality that asylum seekers in Switzerland experience during the process of asylum request. Asylum seekers processed under the new procedures also receive advice and legal representation. In this case, the SEM has to examine whether the removal of the applicant is lawful, reasonable and possible. It requires you, any spouse included in your asylum application, and any children … Throughout the process of receiving asylum, the Swiss government provided Karla with comprehensive health care that respected her needs as a trans woman. Rejected applicants were immediately returned. [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. Alert: Following the settlement agreement in Mendez Rojas et al. 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). The Federal Administrative Court acts as the first and last court of appeal. This examination is called the “Dublin Procedure”. 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). asylum at a Swiss diplomatic/consular mission abroad, at a border crossing, or at an airport. An application for asylum is any declaration made by a foreign person indicating that he or she is seeking, in Switzerland, protection from persecution. If a person disappears, the period is extended to 18 months. The initial interview and the Dublin interview are the asylum seeker's first official interviews with the SEM. 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. [10] Article 44 AsylA; Article 83 FNIA. This prevents an asylum seeker from applying for asylum in several different countries. Under the Asylum Act, a Dublin procedure formally begins with the submission of the request to take charge or take back and lasts until the transfer to the competent Dublin State or the decision of SEM to examine the application on the merits in a national procedure. 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. 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). Fundamentally, the restructuring of the asylum system aims to significantly speed up asylum procedures. Further, asylum is not granted if the grounds for asylum are only due to the flight from the applicant’s native country or country of origin or if they are only due to the applicant’s conduct after his or her departure, so-called subjective post-flight grounds (Article 54 AsylA). This type of visa application is usually only possible in the country of origin, not in third countries. 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. With the extended procedure, free legal representation is not provided for appeals. If the asylum procedure was only submitted for economic or medical reasons, or if the person falls under the responsibility of another State, the SEM issues a non-admission decision with expulsion from Switzerland. This means that you can stay in Norway while the UDI is processing your application, and you will normally receive an answer after a few months. In case entry is provisionally refused to an applicant, the whole asylum procedure is generally carried out in the transit area of the airport. If the facts are clear, an asylum decision will be made within eight working days at the federal asylum centre. In certain cases, Switzerland may, for humanitarian reasons, declare itself responsible and assume responsibility for examining the asylum application. 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. 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. The 16,606 asylum applications submitted in 2008 represent a 53.1 percent increase from 2007. As for regards incidental decisions (e.g. [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. Special cases: Humanitarian visa or resettlement program, Asylum decision: Protection status or expulsion. Within 30 days after USCIS receives your complete asylum application, it should send you a receipt notice (confirming that it got your application). 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. In order to ensure fair procedures according to the rule of law, asylum seekers whose application is examined within the accelerated procedure are entitled to free counselling, as well as free legal representation from the very beginning of the procedure (see Regular procedure). The preparatory phase lasts 10 days under the Dublin procedure and 21 days under all other procedures. Under the airport procedure, the asylum and appeal procedures can be carried out in the airport's transit area. The SEM must then issue the asylum decision within a maximum of 20 days after the asylum application has been lodged. The SEM checks the evidence, i.e. If the other State is prepared to examine the asylum application, or does not reply within a given time period, this State will be responsible for the asylum application. 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. An appeal can be made against inadmissibility and negative in-merit decisions. If the decision is positive, the person is recognised as a refugee and granted asylum. Exceptions are application for reconsideration or revision, but these are rarely successful in practice. In general, foreign nationals may apply for a naturalization license only if they have been permanent residents of Switzerland for a total period of The SEM delegates the task of managing the operation of reception and processing centres to third parties under Article 24b (1) AsylA.Thus, the ORS Service AG (asylum regions Western Switzerland, French speaking Switzerland and Berne) and AOZ Asyl Organisation Zürich (asylum regions Eastern Switzerland, Ticino and Central Switzerland, Zurich) are responsible for running the centres. In contrast to the asylum procedure, no formal criteria apply to the application itself. 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. Reception and processing centres: admission and fast-track processing of asylum applications The admission of asylum seekers – which includes registration, identi-fi cation (fi … Dublin member states determine which member has authority to process the asylum application. [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. They were signed on 26 October 2004 and the collaboration actually began on 12 December 2008. In this situation you only have 5 working days to file an appeal. As a result, they cannot choose in which region their application will be examined. We use cookies. The length of asylum process may vary depending on whether the asylum seeker filed affirmatively or defensively and on the particular facts of his or her asylum claim. In this case, the person is issued with a residence permit as a provisionally admitted as foreigner or refugee. When you submit your asylum request, the State Secretariat for Migration (SEM) first examines whether Switzerland is responsible for your asylum process. The Swiss asylum procedure is organised as a single procedure. In an extended procedure, the deadline for appeal is 30 days for in-merit decisions. This means that a person can only appeal against a negative asylum decision once. The new asylum procedure came into force in Switzerland in March 2019. Find out more data protection policy . 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