The asylum procedure in Switzerland is governed by the Asylum Act (AsylA) and has undergone significant reforms that came into force in 2019. These reforms aim to accelerate procedures while maintaining the fundamental guarantees of applicants. PBM Avocats assists asylum seekers in their procedures and defends their rights at every stage, in Geneva and Lausanne.
The Foundations of Swiss Asylum Law
Switzerland is bound by several international instruments for the protection of refugees:
- The Geneva Convention Relating to the Status of Refugees (1951) and its Additional Protocol (1967)
- Art. 25 of the Federal Constitution: prohibition of expulsion of a person to a state where they risk torture or inhumane treatment
- Art. 3 of the ECHR: prohibition of torture and inhumane treatment
- The Asylum Act (AsylA) of 26 June 1998, profoundly revised in 2019
The Concept of Refugee in Swiss Law (art. 3 AsylA)
Refugees are persons who, in their country of origin or in the country in which they had their domicile, are exposed to serious disadvantages or have a well-founded fear of exposure thereto on account of their race, religion, nationality, membership of a particular social group or political opinion.
Serious disadvantages include in particular:
- Endangering of life, physical integrity or liberty
- Measures causing unbearable psychological pressure
- Sexual coercion
- Persecution by non-state actors if the state cannot or will not provide protection
The Restructured Asylum Procedure (since 2019)
| Stage | Location | Indicative Duration | Procedure |
|---|---|---|---|
| Filing of asylum application | Federal registration centre | Days 1-3 | All procedures |
| Hearing on personal data | Federal Centre (FAC) | Days 1-21 | All procedures |
| Hearing on asylum grounds | Federal Centre (FAC) | Days 21-140 | Accelerated procedure |
| Assignment to canton | According to cantonal distribution key | From day 21 | Extended procedure |
| SEM decision | SEM (Berne) | Months 1-12 depending on procedure | All procedures |
| Appeal to FAC | FAC (St. Gallen) | 7-30 days to file | In case of negative decision |
The Accelerated Procedure
The accelerated procedure concerns applications that can be processed quickly in the Federal Centres. It lasts in principle up to 140 days and results in either:
- The granting of asylum (recognition of refugee status, B permit refugee)
- Recognition as a refugee without asylum (provisional admission as a refugee)
- A non-consideration decision (NEM) for manifestly inadmissible applications
- A negative decision with departure deadline and possibility of appeal to the FAC
The Extended Procedure
The extended procedure applies to more complex cases. The applicant is assigned to a canton and takes a place in the cantonal accommodation system. In-depth investigations include: translation of documents, medical assessment, country reports, additional hearings. The duration is generally 1 to 2 years.
Legal Assistance in the Asylum Procedure
Since the 2019 reform, free legal representation is guaranteed to all asylum seekers from entry into the Federal Centres. Organisations mandated by the Confederation provide this representation in the FACs. In cantonal proceedings and for appeals before the FAC, PBM Avocats intervenes with its in-depth expertise:
- Analysis of asylum grounds and available evidence
- Preparation for SEM hearings
- Drafting of reasoned appeals before the FAC within short deadlines
- Application for urgent suspensive effect in case of imminent removal
- Application for review in case of new facts
- Follow-up of family reunification procedures for recognised refugees
PBM Avocats accompanies you in the asylum procedure in Geneva and Lausanne. Our knowledge of international refugee law, FAC case law and SEM practice guarantees you effective representation sensitive to the gravity of situations. For any migration emergency, contact us immediately — asylum deadlines are very short.
Frequently Asked Questions About the Asylum Procedure in Switzerland
Who can apply for asylum in Switzerland?
Any person who is in Switzerland may apply for asylum (art. 18 AsylA). An asylum application may be filed at the Swiss border, at the airport or at a Federal Asylum Centre (FAC). Anyone is recognised as a refugee within the meaning of the Geneva Convention who has a well-founded fear of persecution on account of their race, religion, nationality, membership of a particular social group or political opinion (art. 3 AsylA). The fear must be based on objective facts and subjectively felt.
What is the difference between the accelerated procedure and the extended procedure?
The accelerated procedure (art. 26b AsylA) applies to applications that can be examined quickly, in principle in the Federal Asylum Centres (FAC), within 140 days at most. It concerns manifestly well-founded (immediate protection) or manifestly unfounded (rapid removal) applications. The extended procedure (art. 26d AsylA) applies to more complex cases requiring further investigation, translations, medical assessments or difficult-to-obtain evidence. Applicants are assigned to cantons during the extended procedure.
Within what period can one appeal against a negative SEM decision?
The appeal period against a negative SEM decision in asylum matters is in principle 30 days before the Federal Administrative Court (FAC), asylum division. In the accelerated procedure, this period is reduced to 7 working days. For a non-consideration decision (NEM), the period is also 7 working days. These deadlines are mandatory. An appeal filed after expiry of the deadline is inadmissible. PBM Avocats intervenes urgently to file an appeal within the deadlines and with the strongest arguments.
What is provisional admission (F permit)?
Provisional admission (art. 83-84 AIG/LEI) is granted to persons whose asylum application has been rejected but who cannot be returned to their country because return is unlawful (non-refoulement), impossible (practically unenforceable) or unreasonable (too dangerous given the situation in the country). It confers an F permit, initially limited to 12 months and renewable. After 5 years of provisional admission, conversion to a B permit is possible under certain conditions (integration, financial independence).
Can an asylum seeker work in Switzerland?
Yes, under conditions. Asylum seekers may in principle engage in gainful employment after a period of 3 months from the filing of the asylum application (art. 43 para. 1 AsylA). The employer must obtain cantonal authorisation. Restrictions may apply depending on the canton and the labour market situation. Applicants in the accelerated procedure at the Federal Centres stage have more limited access to the labour market. Persons admitted provisionally (F permit) generally have access to the labour market after 3 months of residence in Switzerland.