The Administrative Asylum Procedure in Switzerland
Switzerland has an organised and regulated asylum system, based primarily on the Asylum Act (AsylA) of 26 June 1998 and the Federal Act on Foreign Nationals and Integration (FAIA). The procedure is conducted by the State Secretariat for Migration (SEM) at the federal level. Judicial appeal remedies pass through the Federal Administrative Court (FAC), then the Federal Supreme Court for questions of law. PBM Avocats assists asylum seekers in Geneva and Lausanne.
Types of Asylum Procedures in Switzerland
| Procedure | Target Duration | Characteristics |
|---|---|---|
| Dublin Procedure | A few weeks | Return to the responsible Dublin state; appeal deadline 5-7 days |
| Accelerated Procedure | 140 days | Simple or manifestly unfounded cases; appeal deadline 7-30 days |
| Extended Procedure | Up to 2 years | Complex cases requiring investigations; appeal deadline 30 days |
Conditions for Recognition of Refugee Status
Asylum is granted to persons who qualify as refugees under the 1951 Geneva Convention and the AsylA (art. 3 AsylA). The conditions are:
- Being exposed to serious persecution in the country of origin or provenance
- The persecution must be motivated by race, religion, nationality, membership of a particular social group or political opinion
- The persecution must emanate from the State or non-State actors that the State cannot or will not protect against
- The asylum application must be made as soon as possible after entry into Switzerland (principle of promptness)
Grounds for Exclusion and Revocation of Asylum
Refugee status may be excluded or revoked in several cases (arts. 53-54 AsylA):
- Commission of crimes against peace, war crimes or crimes against humanity
- Commission of serious criminal offences before arriving in Switzerland
- Acts contrary to the purposes and principles of the United Nations
- Conduct unworthy of asylum due to threats to Switzerland's internal or external security
Temporary Admission (F Permit)
When an asylum application is rejected but removal is:
- Unlawful: contrary to international law (torture, inhuman treatment, principle of non-refoulement)
- Unreasonable: concrete danger for the person concerned (civil war, natural disaster)
- Impossible: technical reasons preventing execution of removal
...a temporary admission is pronounced (art. 83 FAIA). The F permit is renewable annually. After 5 years of temporary admission, an application for a B permit on grounds of hardship may be filed.
Appeal Remedies against SEM Decisions
- Appeal to the FAC: court of first instance for appeals against SEM decisions. Seated in St. Gallen with a French-speaking section. Deadline: 30 days in ordinary proceedings, 7 days in Dublin proceedings
- Appeal to the Federal Supreme Court: limited to questions of constitutional law (no ordinary appeal in asylum matters since 2012)
- Revision application: if new facts or new evidence are discovered after the decision
Legal Assistance and Representation
The 2019 asylum procedure reform introduced free and mandatory legal representation for applicants in accelerated and Dublin proceedings, provided by accredited legal aid centres. For extended proceedings and appeals, private legal assistance (a counsel of choice) remains possible and is often desirable to ensure an effective defence.
Who examines asylum applications in Switzerland?
The State Secretariat for Migration (SEM) is the competent federal authority for examining all asylum applications in Switzerland. It instructs the file, conducts interviews and issues the decision (granting of asylum, temporary admission or negative decision). The SEM is a federal authority under the Federal Department of Justice and Police (FDJP).
What is the appeal deadline against an asylum decision by the SEM?
The appeal deadline against a SEM decision is generally 30 days before the Federal Administrative Court (FAC). For decisions in accelerated proceedings (Dublin proceedings in particular), the deadline may be reduced to 7 days. These deadlines are mandatory. A lawyer specialising in immigration law is essential to prepare an appeal within these short timeframes.
What is temporary admission (F permit) and how does it differ from asylum?
Temporary admission is granted to persons whose asylum application is rejected but whose removal to the country of origin is impossible, unlawful or unreasonable (art. 83 FAIA). It confers an F residence permit. Unlike recognised refugees (B permit), temporarily admitted persons have limited rights (deferred family reunification, restricted access to certain professions). Temporary admission may last several years.
Does the Dublin procedure apply to asylum applications in Switzerland?
Yes. Switzerland is associated with the Dublin system (Dublin Association Agreement since 2008). This European regulation determines which state is responsible for examining an asylum application. If an applicant has already lodged an application in another Dublin state, Switzerland may return them to that state. The applicant may challenge this Dublin return decision before the FAC.
Can one benefit from free legal assistance in asylum proceedings?
Yes. The Asylum Act provides for free and mandatory legal representation for applicants in accelerated and Dublin proceedings, provided by accredited specialised mandataries. For subsequent cantonal proceedings, legal assistance may be granted by the canton if the applicant is indigent and the case is not manifestly hopeless.