Asylum Act (AsylA) (AsylA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 1 Subject matter
This Act regulates: a. the granting of asylum and the legal status of refugees in Switzerland; b. the temporary protection of persons in need of protection in Switzerland and their return.
Art. 2 Asylum
1 In response to an application, Switzerland grants asylum to refugees in accordance with this Act. 2 Asylum includes the protection and the legal status granted in Switzerland to persons on the basis of their refugee status. It includes the right to stay in Switzerland.
Art. 3 Definition of the term refugee
1 Refugees are persons who in their native country or in their country of last residence are subject to serious disadvantages or have a well-founded fear of being exposed to such disadvantages for reasons of race, religion, nationality, membership of a particular social group or due to their political opinions. 2 Serious disadvantages include a threat to life, physical integrity or freedom as well as measures that exert intolerable psychological pressure. Motives for seeking asylum specific to women must be taken into account. 3 Persons who are subject to serious disadvantages or have a well-founded fear of being exposed to such disadvantages because they have refused to perform military service or have deserted are not refugees. The provisions of the Convention of 28 July 1951 relating to the Status of Refugees are reserved. 4 Persons who claim grounds based on their conduct following their departure that are neither an expression nor a continuation of a conviction already held in the
Para. 3 — SR 0.142.30 Para. 3 — Inserted by No II of the FA of 28 Sept 2012 (Emergency Amendments to the Asylum Act) (AS 2012 5359; BBl 2010 4455, 2011 7325). Amended by No I of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991). Para. 4 — Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
Art. 4 Granting temporary protection
Switzerland may grant temporary protection to persons in need of protection as long as they are exposed to a serious general danger, in particular during a war or civil war as well as in situations of general violence.
Art. 5 Ban on refoulement
1 No person may be forced in any way to return to a country where their life, physical integrity or freedom are threatened on any of the grounds stated in Article 3 paragraph 1 or where they would be at risk of being forced to return to such a country. 2 The ban on refoulement may not be invoked if there are substantial grounds for the assumption that, because the person invoking it has a legally binding conviction for a particularly serious felony or misdemeanour, they represent a threat to Switzerland’s security or are to be considered dangerous to the public.
Art. 5a Cooperation and coordination with fedpol
1 The State Secretariat for Migration (SEM) shall work with fedpol within the scope of its statutory duties in order to combat terrorism. 2 It shall coordinate the measures for which it is responsible with fedpol’s preventive police and administrative measures.
Art. 5a — Inserted by No I 3 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in force since 1 June 2022 (AS 2021 565; 2022 300; BBl 2019 4751).
Art. 5b Security duties of the migration authorities
SEM shall within the scope of its duties and responsibilities assess whether foreign nationals pose a threat to Switzerland’s internal or external security or international relations. When issuing police alerts, it shall notify fedpol. If necessary, the cantonal authorities concerned may also be notified.
Art. 5b — Inserted by Annex 1 No 2 of the FD of 18 Dec. 2020 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU relating to the Adoption of the Legislation on the Establishment, Operation and Use of the Schengen Information System (SIS), in force since 22 Nov. 2022 (AS 2021 365; 2023 16; BBl 2020 3465).
Art. 6 Procedural principles
Procedures are governed by the Administrative Procedure Act of 20 December 1968 (APA), the Federal Administrative Court Act of 17 June 2005 and the Federal Supreme Court Act of 17 June 2005, unless this Act provides otherwise.
Art. 6 — Amended by No I of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991). SR 172.021 SR 173.32 SR 173.110