Deportation and expulsion are the most serious measures in Swiss migration law. They may have devastating consequences on the lives of the persons concerned and their families. Swiss and international law nonetheless offers important protections which PBM Avocats mobilises to defend its clients in Geneva and Lausanne.
Administrative Deportation: Legal Basis and Procedure
Administrative deportation is ordered by cantonal migration authorities (OCPM in Geneva, SPOP in Vaud) or by the SEM when a foreign national no longer meets the conditions for stay or has never been authorised to reside in Switzerland. The main legal bases are arts. 64 to 73 FNIA.
Grounds for Deportation
- Stay without authorisation (irregular entry, expired visa)
- Non-renewal of a residence permit
- Revocation of a permit for serious reasons (social assistance, criminal conviction)
- Refusal of an asylum application with an execution decision
- Expiry of the voluntary departure deadline granted
| Type of Measure | Competent Authority | Legal Basis | Appeal Deadline |
|---|---|---|---|
| Administrative deportation | OCPM / SPOP / SEM | Art. 64 FNIA | 30 days (FAC or cantonal) |
| Mandatory criminal expulsion | Criminal judge | Art. 66a SCC | Criminal appeal procedures |
| Optional criminal expulsion | Criminal judge | Art. 66abis SCC | Criminal appeal procedures |
| Entry ban | SEM | Art. 67 FNIA | 30 days (FAC) |
| Administrative detention | Cantonal authority | Arts. 75–79 FNIA | 72 hours (judge) |
Criminal Expulsion (Art. 66a SCC)
Since 1 October 2016, Swiss criminal law provides for mandatory criminal expulsion for foreign nationals convicted of certain serious offences (exhaustive list at art. 66a SCC), notably:
- Murder, grievous bodily harm, rape (List A)
- Serious drug trafficking, aggravated robbery
- Offences relating to illegal entry and stay (List B)
- Fraudulent obtaining of social benefits over a long period
Expulsion is in principle mandatory but may be set aside in cases of serious hardship (art. 66a para. 2 SCC), notably when expulsion endangers the life or safety of the person or their close relatives, or when private interests clearly outweigh the public interest in expulsion (cases of persons born or raised in Switzerland, long-standing C permit holders).
Protections Against Deportation
Art. 8 ECHR: Right to Family and Private Life
Art. 8 ECHR constitutes the main protection against deportations that infringe family life. The authorities must carry out a balancing of interests between the public interest in removal and the private interest in remaining in Switzerland. The relevant criteria include: duration of stay, degree of integration, gravity of offences, family situation (children in Switzerland, Swiss spouse), and prospects for reintegration.
The Principle of Non-Refoulement
No person may be deported to a state where they risk being subjected to torture, inhuman or degrading treatment, or political persecution (art. 25 FC, art. 33 Geneva Convention, art. 3 ECHR). This principle is absolute and applies even to persons convicted of serious crimes.
Unreasonableness of Deportation
Art. 83 para. 4 FNIA provides for provisional admission (F permit) when deportation is unreasonable, notably due to the personal situation of the person concerned (serious state of health, specific risks related to the country of destination, catastrophic humanitarian situation).
Appeal Remedies
- Cantonal appeal: 30 days before the Administrative Chamber (Geneva) or CDAP (Vaud)
- FAC appeal: 30 days before the Federal Administrative Court for federal decisions
- FSC appeal: appeal in public law matters before the Federal Supreme Court (30-day deadline)
- Superprovision measures: urgent request for suspensive effect to suspend execution of deportation
PBM Avocats intervenes urgently when a deportation is imminent to request suspensive effect and protect the client's rights. Our expertise in foreign nationals law and administrative law guarantees you a complete defence in Geneva and Lausanne.
Frequently Asked Questions on Deportation and Expulsion from Switzerland
What is the difference between deportation and expulsion under Swiss law?
Deportation (art. 64 FNIA) is an administrative measure ordered against a foreign national whose stay is no longer or has never been authorised. Expulsion (art. 66a SCC) is a criminal measure ordered by the criminal judge against a person convicted of certain serious offences (exhaustive list since the 2016 revision). Criminal expulsion entails a ban on entry for 5 to 15 years (or even for life) and takes precedence over existing residence permits. A foreign national may be subject to both measures simultaneously.
Can art. 8 ECHR prevent a deportation or expulsion?
Yes. Art. 8 ECHR guarantees the right to respect for private and family life. A deportation or expulsion may be contrary to this article if the person has strong family ties in Switzerland (Swiss spouse, children in Switzerland), if they have been established there for a long time with a solid private life, or if the deportation exposes their children to a disproportionate separation. Swiss courts and the European Court of Human Rights examine the proportionality of the measure in relation to the public interests pursued.
What is the principle of non-refoulement?
The principle of non-refoulement (art. 25 FC, art. 33 Geneva Convention, art. 3 ECHR) prohibits sending a person to a state where they risk being subjected to torture, inhuman or degrading treatment, or persecution on grounds of race, religion, nationality, membership of a particular social group or political opinion. This principle is absolute and admits no exception, even for persons convicted of crimes. PBM Avocats systematically invokes this principle when deportation exposes the client to a real risk.
How does the deportation procedure unfold in Switzerland?
The administrative deportation procedure generally follows these steps: a deportation decision is notified to the person concerned by the OCPM (Geneva) or SPOP (Vaud), with a voluntary departure deadline (generally 7 to 30 days). If the person does not leave voluntarily, an enforceable deportation decision may be followed by administrative detention (arts. 75–79 FNIA) to ensure execution. Forced execution includes escorted transfer to the border or repatriation under escort. At each stage, suspensive appeals are possible.
Can a postponement of deportation be requested for medical reasons?
Yes. A deportation may be postponed or declared unreasonable if the state of health of the person does not permit travel or if the necessary medical care is not available in the destination country (art. 83 para. 4 FNIA). Serious illnesses, risks of deterioration during travel or the absence of medical treatment in the country of deportation may justify a postponement or provisional admission (F permit). PBM Avocats compiles the medical file and argues before the competent authorities to obtain this postponement.