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.
Section 1 General Provisions
Art. 6a Competent authority
1 SEM decides on granting or refusing to grant asylum as well as on return and removal from Switzerland. 2 The Federal Council shall identify states in addition to the EU/EFTA states in which on the basis of its findings: a. there is protection against persecution, as a safe native country or country of origin; b. there is efficient protection against refoulement as defined in Article 5 paragraph 1, as a safe third country. 3 It shall periodically review decisions made in terms of paragraph 2. 4 It shall provide the competent committees of the Federal Assembly with the list of states in accordance with paragraph 2 letter a for consultation prior to any amendment and at least once each year.
Art. 6a — Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845). Para. 1 — Amended 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). Para. 2 — 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 Annex No 1 of the FA of 14 Dec. 2018 (Procedural Arrangements and Inform
Art. 7 Proof of refugee status
1 Any person who applies for asylum must prove or at least credibly demonstrate their refugee status. 2 Refugee status is credibly demonstrated if the authority regards it as proven on the balance of probabilities. 3 Cases are not credible in particular if they are unfounded in essential points or are inherently contradictory, do not correspond to the facts or are substantially based on forged or falsified evidence.
Art. 8 Duty to cooperate
1 Asylum seekers are obliged to cooperate in establishing the facts. They must in particular: a. reveal their identity; b. hand over their travel documents and identity papers; c. state at the interview why they are seeking asylum; d. indicate any evidence in full and submit this without delay or, as far as this seems reasonable, endeavour to acquire such evidence within an appropriate period; e. cooperate in providing biometric data; f. undergo a medical examination ordered by SEM (Art. 26a); g. temporarily hand over their electronic data carriers to SEM if their identity, nationality or itinerary can neither be established on the basis of identity documents nor by other means; the processing of personal data from electronic data carriers is governed by Article 8a. 2 Asylum seekers may be required to arrange for the translation of foreign-language documents into one of Switzerland’s official languages. 3 Asylum seekers who reside in Switzerland are obliged make themselves available to
Para. 1 let. b — 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. 1 let. e — Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845). Para. 1 let. f — Inserted 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. 1 let. g — Inserted by No I of the FA of 1 Oct. 2021, in force since 1 April 2025 (AS 2024 189; BBl 2
Art. 8a Processing of personal data on electronic data carriers
1 During the asylum procedure, SEM may, for the purpose of establishing the asylum seeker’s identity, nationality or travel route, process the asylum seeker’s personal data, stored on electronic data carriers, in the cloud or by cloud services, including sensitive personal data as defined in Article 5 letter c of the Data Protection Act of 25 September 2020 (FADP). 2 Personal data pertaining to third parties may only be processed if the processing of the asylum seeker’s personal data is insufficient to achieve the objectives under paragraph 1. 3 Electronic data carriers are in particular: a. mobile telephones, smartphones, smartwatches and SIM cards; b. computers, laptops, notebooks and tablets; c. storage media such as USB sticks, SD memory cards, DVDs and CD-ROMs. 4 SEM shall evaluate the necessity and proportionality of the procedure under this article for each individual case beforehand. 5 Pending analysis, the personal data may be stored on a secure server operated by the Federal
Art. 8a — Inserted by No I and para. 1 of No III of the FA of 1 Oct. 2021, in force since 1 April 2025 (AS 2024 189; BBl 2020 9287; 2021 137). See also the transitional provision at the end of the text. Para. 1 — SR 235.1
Art. 9 Search
1 The competent authority may search asylum seekers who are accommodated in a federal centre or in private or collective accommodation and the possessions they have with them for travel and identity documents as well as dangerous objects, drugs and assets of dubious origin. 2 Asylum seekers may only be searched by members of the same sex.
Para. 1 — Term in accordance with No I of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991). This change has been made throughout the text. Para. 1 — Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
Art. 10 Seizure and confiscation of documents
1 SEM shall place asylum seekers’ travel documents and identity papers on file. 2 Authorities and government offices shall seize and pass on to SEM travel documents, identity papers or other documents which may indicate the identity of person who has applied for asylum in Switzerland. Paragraph 5 applies to recognised refugees. 3 If the authority or government office seizing documents in accordance with paragraph 2 examine these with regard to their authenticity, SEM must be notified of the results of this examination. 4 Forged and falsified documents as well as genuine documents which have been misused may be confiscated by SEM or by the appellate authority or passed on to the agent. 5 Passports or identity papers that have been issued to refugees recognised in Switzerland by their native country must be passed on to SEM.
Para. 1 — The name of this administrative unit was changed on 1 Jan. 2015 in application of Art. 16 para. 3 pf the Publications Ordinance of 17 Nov. 2004 (AS 2004 4937). This change has been made throughout the text. Para. 1 — Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845). Para. 2 — Amended 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). Para. 5 — Inserted by No I of the
Art. 11 Evidentiary procedure
The asylum seeker may not express a view on the decision of the authority to conduct an evidentiary procedure to establish the facts of the case.
Art. 12 Notification and service when living in a canton
1 Any ruling or communication sent to the last known address of asylum seekers or of their agents becomes legally binding on expiry of the statutory seven-day time-limit for collection, even if the persons concerned do not learn of this until later due to a special agreement with Swiss Post or if the delivery is returned as undeliverable. 2 If the asylum seeker is represented by several agents and if these do not indicate a joint address for service, the authority shall give notification of its rulings or direct communications to the first agent authorised by the asylum seeker. 3 Notification may be given of rulings verbally and a summary statement of grounds provided. Verbal notification must be recorded in minutes that include a statement of the grounds. A copy of the minutes must be given to the asylum seeker or to his or her agent.
Art. 12 — 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).
Art. 12a Notification and service in federal centres
1 In federal centres, notification of rulings is given and documents are served by hand. If the asylum seeker has disappeared, notification and service are governed by Article 12. 2 If an asylum seeker has been assigned a legal representative, notification of rulings shall be given to and documents shall be served on the service provider tasked with providing legal representation. The provider shall inform the legal representative assigned of the notification or service on the same day as it is received. 3 If an asylum seeker has not been assigned a legal representative, notification of rulings shall be given to and documents shall be served on the asylum seeker. An agent for the asylum seeker shall be informed immediately of the notification or service. 4 Verbal notification and summary justification are governed by Article 12 paragraph 3.
Art. 12a — Inserted by No I of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
Art. 13 Notification and service in procedures at airports and in urgent cases
1 The competent authorities may also notify persons applying for asylum at the border or at the border control at a Swiss airport (Art. 21–23) of a ruling by providing them with a signed copy of the ruling that has been transmitted by fax. The persons concerned must confirm in writing that they have received the ruling; in the absence of such confirmation, the competent authority shall formally record that the ruling has been received. Article 11 paragraph 3 of the APA does not apply. Any agent shall be informed of the notification. 2 Article 12a applies mutatis mutandis to procedures at airports. 3 In other urgent cases, SEM may authorise a cantonal authority, a Swiss diplomatic mission or a consular representation abroad (Swiss representation) to notify those concerned of a ruling by providing them with a signed copy of the ruling that has been transmitted by fax.
Art. 13 — 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. 1 — SR 172.021
Art. 14 Issues relative to the procedure for foreign nationals
1 From filing an asylum application to departure from Switzerland in accordance with a legally binding return decision, following the withdrawal of an asylum application, or until the ordering of a substitute measure in the event that removal cannot be enforced, persons seeking asylum may not initiate any procedure for the granting of a residence permit under the law on foreign nationals unless they are entitled to be issued with such a permit. 2 The canton may with consent of SEM grant a person for whom it is responsible in terms of this Act a residence permit if: a. the person concerned has been a resident for a minimum of five years in Switzerland since filing the asylum application; b. the place of stay of the person concerned has always been known by the authorities; c. in light of their advanced stage of integration, there is a case of serious personal hardship; and d. there are no grounds for revocation under Article 62 paragraph 1 of the Foreign Nationals and Integration Act of
Art. 14 — Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2007 (AS 2006 4745 4767; BBl 2002 6845). Para. 2 — Amended 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). Para. 2 let. d — Inserted by No I of the FA of 14 Dec. 2012 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325). Amended by No IV 4 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
Art. 15 Intercantonal offices
The cantons may establish intercantonal offices to fulfil the duties assigned to them in accordance with this Act, in particular for the hearing, preparation of the decision and the enforcement of any return decision.
Art. 16 Procedural language
1 Submissions may be made to the federal authorities in any official language. The Federal Council may require submissions made in federal centres by asylum seekers who are represented by an agent to be in the official language of the canton where the federal centre is located. 2 SEM rulings or interim rulings are issued in the official language spoken at the asylum seeker’s place of residence. 3 SEM may derogate from paragraph 2 if: a. the asylum seeker or his or her legal representative has a good command of a different official language; b. this is required to deal with applications efficiently and on time taking account of the number of applications received and the staff situation; c. the asylum seeker is allocated to a canton with a different official language by a federal centre.
Para. 1 — 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. 2 — Amended 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). Para. 3 let. c — Amended 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. 17 Special procedural provisions
1 The provision of the Administrative Procedure Act of 20 December 1968 on legal holidays does not apply to asylum proceedings. 2 The Federal Council shall issue supplementary provisions on the asylum procedure, in particular to give consideration to the special situation of women and minors in the procedure. 2bis Applications for asylum made by unaccompanied minors shall be processed as a priority. 3 The interests of unaccompanied minor asylum seekers are taken care of for the duration of the procedure: a. in a federal centre or at an airport by a person nominated as the trusted person by the legal representative; this person is responsible for coordination with the cantonal authorities; or b. by a trusted person to be nominated immediately by the competent cantonal authorities, following allocation to the canton. 3bis If there are indications that an alleged foreign minor has reached the age of majority, SEM may arrange an expert report on that person's age. 4 ... 5 On notification o
Para. 1 — SR 172.021 Para. 2bis — 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). Para. 3 let. b — 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. 3bis — 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). Para. 4 — Inserted by No I of the FA of 16 Dec. 2005 (AS 2006 4745, BBl 2002 6845). Re
Art. 17a Fees for services
SEM may charge third parties fees and outlays for services.
Art. 17a — Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
Art. 17b
Inserted by No I of the FA of 16 Dec. 2005 (AS 2006 4745 4767; BBl 2002 6845). Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
Section 2 Application for Asylum and Entry
Art. 18 Application for asylum
Any statement a person makes indicating that they are seeking protection in Switzerland from persecution elsewhere shall be regarded as an application for asylum.
Art. 19 Filing an application
1 The application for asylum must be filed at a border control point at a Swiss airport, on entry at an open border crossing or in a federal centre. Article 24a paragraph 3 is reserved. 2 An application may only be filed by a person who is at the Swiss border or on Swiss territory.
Art. 19 — 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).
Art. 20
Repealed by No I of the FA of 25 Sept. 2015, with effect from 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
Art. 21 Application for asylum made at the border, following detention in the vicinity of the border, on illegal entry or within Switzerland
1 Persons who request asylum at the border or following their detention for illegal entry in the vicinity of the border or within Switzerland shall be assigned to a federal centre by the competent authorities. Article 24a paragraph 3 is reserved. 2 SEM shall verify its competence to carry out the asylum procedure, taking account of the provisions of the Dublin Association Agreements. 3 The Dublin Association Agreements are listed in Annex 1.
Art. 21 — Amended by Annex No 1 of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937). Para. 1 — 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).
Art. 22 Procedure at the airport
1 In the case of persons who apply for asylum at a Swiss airport, the competent authority shall record their personal details and take their fingerprints and photographs. It may record additional biometric data and summarily question asylum seekers about their itinerary and the reasons for leaving their country. 1bis SEM shall verify its competence to carry out the asylum procedure, taking account of the provisions of the Dublin Association Agreements. 1ter It shall authorise entry if Switzerland is competent to carry out the asylum procedure in accordance with Regulation (EU) No 604/2013 and the asylum seeker: a. appears to be at risk for any of the grounds stated in Article 3 paragraph 1 or under threat of inhumane treatment in the country from which they have directly arrived; or b. establishes that the country from which they have directly arrived would force them, in violation of the ban on refoulement, to return to a country in which they appear to be at risk. 2 If, on the basis
Art. 22 — Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845). Para. 1 — Amended by Annex No 1 of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 12 Dec. 2008 (AS 2008 5407 5405 Art. 2 let. c; BBl 2007 7937). Para. 1bis — Inserted by Annex No 1 of the FA of 13 June 2008 (Amendments in implementation of the Schengen and Dublin Association Agreements), in force since 1
Art. 23 Decisions at the airport
1 If SEM does not grant entry into Switzerland, it may dismiss or reject the application for asylum. 2 Notification must be given of the decision within 20 days of the application being filed. If the procedure lasts longer, SEM shall allocate the asylum seeker to a canton or a federal centre.
Art. 23 — Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845). Para. 1 — Amended 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). Para. 2 — 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).
Section 2a Federal Centres
Inserted by No I of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
Art. 24 Federal centres
1 The Confederation shall establish centres, which are managed by SEM. The Confederation shall follow the principles of expediency and cost efficiency. 2 The Confederation shall involve the cantons and communes in establishing the centres from an early stage. 3 Asylum seekers shall be accommodated in a federal centre from submission of a request for asylum: a. under the accelerated procedure, until they are granted asylum or temporary admission, or until they leave the country; b. under the Dublin procedure, until they leave the country; c. under the extended procedure, until they are allocated to a canton. 4 The maximum duration of stay in federal centres is 140 days. Allocation to a canton shall take place after this period has elapsed. 5 A reasonable extension may be made to this period if it allows the asylum procedure to be concluded promptly or enables removal. The Federal Council shall determine the detailed rules for extending a stay in federal centres beyond the end of this pe
Art. 24 — 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).
Art. 24a Special centres
1 Asylum seekers who pose a significant danger to public safety and order or who significantly disrupt the operation and security of federal centres shall be accommodated in special centres, which shall be established and managed by SEM or by cantonal authorities. A person accommodated in a special centre shall be issued with a restriction or exclusion order under Article 74 paragraph 1bis FNIA; the procedure is governed by Article 74 paragraphs 2 and 3 FNIA. 2 Asylum seekers allocated to a canton may be accommodated under the same conditions in the special centres. The Confederation and the cantons shall share the costs proportionally to their use of the centres. 3 The same procedures as in federal centres under Article 24 may be carried out in special centres; an exception is the submission of a request for asylum. 4 The handling of requests for asylum by persons in special centres and the implementation of any return decisions shall be prioritised.
Art. 24a — Inserted 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. 1 — SR 142.20
Art. 24b Operation of the centres
1 SEM may task third parties with ensuring the safe operation of federal centres. These third parties shall be bound by the same confidentiality requirement as federal personnel. 2 The FDJP shall adopt provisions which ensure that procedure is swift and the operation is orderly in the federal centres.
Art. 24b — Inserted 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. 2 — Amended by No I of the FA of 1 Oct. 2021, in force since 1 April 2025 (AS 2024 189; BBl 2020 9287; 2021 137).
Art. 24c Temporary use of federal military buildings and installations
1 Federal military buildings and installations may be used without cantonal or communal authorisation to accommodate asylum seekers for a maximum of three years provided the change in use does not require substantial structural measures and there is no significant change in the occupancy of the installation or building. 2 The following in particular do not constitute substantial structural measures within the meaning of paragraph 1: a. normal maintenance work on buildings and installations; b. minor structural alterations; c. the installation of equipment of secondary importance such as sanitary facilities or water and electricity connections; d. movable structures. 3 The same buildings or installations in terms of paragraph 1 may only be used again after a period of two years has elapsed, unless the canton and the commune concerned agree to dispense with this period; the exceptions in accordance with Article 55 are reserved. 4 After consulting the canton and commune concerned, the Con
Art. 24c — Inserted by No I of the FA of 25 Sept. 2015, in force since 1 Jan. 2018 (AS 2016 3101, 2017 6171; BBl 2014 7991).
Art. 24d Accommodation in cantonal and communal centres
1 Asylum seekers may be accommodated in a centre run by a canton or commune if there are not sufficient places in the federal centres under Article 24. The agreement of the canton concerned is required for accommodating asylum seekers in a communal centre. 2 The canton or the commune concerned: a. shall ensure suitable accommodation, care and activities for the asylum seekers; b. shall provide social assistance or emergency aid; c. shall provide medical care and primary school education for children; d. shall take the security measures necessary to ensure orderly operation. 3 The canton or the commune concerned may delegate the tasks listed in paragraph 2 to third parties, either partially or in full. 4 The provision of social assistance and emergency aid is governed by cantonal law. 5 The Confederation shall make federal contributions by agreement to the canton or commune concerned to compensate for the administrative, staff and other costs which arise from fulfilling the tasks listed
Art. 24d — Inserted by No I of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
Art. 24e Additional measures
The Confederation and the cantons shall take measures to respond promptly to changes in the number of requests for asylum with the resources required, in particular regarding accommodation, staff and finance, or with further measures.
Art. 24e — Inserted by No I of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
Section 3 Procedure at First Instance
Art. 25
Repealed by No I of the FA of 16 Dec. 2005, with effect from 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
Art. 25a
Inserted by No I of the FA of 14 Dec. 2012 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325). Repealed by No I of the FA of 25 Sept. 2015, with effect from 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
Art. 26 Preparatory phase
1 After the application for asylum has been filed, the preparatory phase begins. Under the Dublin procedure, it lasts no more than 10 days, and under other procedures no more than 21 days. 2 In the preparatory phase, SEM records the asylum seekers’ personal details and normally takes their fingerprints and photographs. It may collect additional biometric data, prepare reports on a person's age (Art. 17 para. 3bis), verify evidence and travel and identity documents and make enquiries specific to origin and identity. 3 SEM shall inform asylum seekers of their rights and obligations in the asylum procedure. It may question the asylum seekers about their identity and their itinerary, and summarily about the reasons for leaving their country. At this point, SEM may also ask about any commercial human trafficking. It shall discuss with the asylum seeker whether there is sufficient justification for their request for asylum. If this is not the case and if the asylum seeker withdraws the reque
Art. 26 — 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).
Art. 26a Establishing medical condition
1 Immediately after filing their application, but at the latest at the interview on the grounds for asylum under Article 36 paragraph 2 or being granted a hearing under Article 36 paragraph 1, asylum seekers must state any serious health problems of relevance to the asylum and return procedures of which they were aware when filing the application for asylum. 2 SEM appoints a competent medical specialist to investigate matters contended under paragraph 1. Article 82a applies mutatis mutandis. SEM may delegate the required medical duties to a third party. 3 Medical problems that are claimed later or established by another medical specialist may be taken into account in the asylum and return procedures if they are proven. The provision of prima facie evidence suffices by way of exception if there are excusable grounds for the delay or proof cannot be provided in the case in question for medical reasons. SEM may call in an independent medical examiner.
Art. 26a — Originally Art. 26bis. 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). See also the transitional provisions to this Amendment at the end of the text.
Art. 26b Dublin procedure
The procedure with view to a decision under Article 31a paragraph 1 letter b begins with submission of a request to a Dublin state for the admission or readmission of the asylum seeker. It lasts until the asylum seeker is transferred to the Dublin state responsible or until it is terminated and a decision is taken about implementing an accelerated or extended procedure.
Art. 26b — Inserted by No I of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
Art. 26c Accelerated procedure
After the preparatory phase, the accelerated procedure shall commence immediately with an interview on the grounds for asylum or the granting of a hearing under Article 36. The Federal Council shall lay down the individual steps of the procedure.
Art. 26c — Inserted by No I of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
Art. 26d Extended procedure
If it is clear after the interview on the grounds for asylum that a decision cannot be made under the accelerated procedure, namely because further investigation is required, the asylum seeker shall be assigned to the extended procedure and be allocated to a canton under Article 27.
Art. 26d — Inserted by No I of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
Art. 27 Distribution and allocation to the cantons
1 The cantons shall reach an agreement on the distribution of asylum seekers. 1bis The special services provided by cantons where federal centres or airports are located shall be appropriately taken into account in the distribution of asylum seekers. 2 If the cantons cannot reach an agreement, the Federal Council shall, after hearing them, set out the criteria for distribution in an ordinance. 3 SEM shall allocate asylum seekers to the cantons (cantons of allocation). In doing so, it shall take account of the interests of the cantons and of the asylum seekers that are worthy of protection. Asylum seekers may only contest the decision on allocation if it violates the principle of family unity. 4 Persons whose removal has been ordered and in respect of whom a decision on asylum has become legally binding in a federal centre or whose request for asylum was cancelled in a federal centre shall not be allocated to a canton.
Art. 27 — 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. 1bis — Inserted 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. 3 — Amended by No I 2 of the FA of 19 Dec. 2003 on the Budgetary Relief Programme 2003, in force since 1 Apr. 2004 (AS 2004 1633; BBl 2003 5615). Para. 4 — Inserted by No I 2 of the FA of 19 Dec. 2003 on the Budgetary Relief Programme 2003, (
Art. 28 Allocation of a place of stay and accommodation
1 SEM or the cantonal authorities may allocate asylum seekers to a place of stay. 2 They may allocate asylum seekers accommodation, and in particular accommodate them as a group. The cantons shall ensure that this procedure is operated efficiently; they may lay down provisions and take measures.
Para. 2 — Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
Art. 29 Interview on the grounds for asylum
1 SEM shall interview asylum seekers on their grounds for asylum; the interview shall take place in a federal centre. 1bis If necessary, it shall call in an interpreter. 2 The asylum seekers may be accompanied additionally at their own expense a person and an interpreter of their choice who are not themselves asylum seekers. 3 Minutes shall be taken of the interview. They shall be signed by those participating in the interview.
Art. 29 — 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).
Art. 29a Trustworthiness assessment
1 Before and during their contractual relationship, SEM may have interpreters and translators assessed with regard to their trustworthiness. 2 The trustworthiness assessments shall be carried out by the PSS specialist units under Article 31 paragraph 2 of the Information Security Act of 18 December 2020 (ISA). The procedure is governed mutatis mutandis by the provisions of the ISA on basic security screening. 3 If the interpreters or translators undergo personnel security screening in accordance with the ISA at the same time, both procedures shall be combined. 4 SEM shall bear the costs of the trustworthiness assessments.
Art. 29a — Inserted by Annex 1 No 3 of the Information Security Act of 18 Dec. 2020, in force since 1 Jan. 2024 (AS 2022 232; 2023 650; BBl 2017 2953). Para. 2 — SR 128
Art. 29b Cooperation in establishing the circumstances
The Federal Council may enter into agreements with third countries and international organisations on cooperation in establishing the circumstances of cases. It may in particular enter into agreements on a mutual exchange of information in order to establish the motives for seeking asylum of an asylum seeker in his or her native country or country of origin, his or her itinerary and his or her stay in a third country.
Art. 29b — Originally Art. 29a. 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. 30
Repealed by No I of the FA of 25 Sept. 2015, with effect from 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
Art. 31 Preparation of decisions by the cantons
The FDJP may with the consent of the cantons determine that cantonal officials prepare the decisions on behalf of and under the supervision of SEM.
Art. 31 — Amended 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. 31a SEM decisions
1 SEM shall normally dismiss an application for asylum if the asylum seeker: a. can return to a safe third country under Article 6a paragraph 2 letter b in which he or she was previously resident: b. can travel to a third country that is responsible under an international agreement for conducting the asylum and return procedures; c. can return to a third country in which he or she was previously resident; d. can continue to a third country for which he or she holds a visa and in which he or she can seek protection; e. can continue to a third country in which persons with whom he or she has a close relationship or dependants live; f. can be removed to their native country or country of origin under Article 31b. 2 Paragraph 1 letters c–e do not apply if there are indications in the case in question that the third country does not provide effective protection against refoulement in terms of Article 5 paragraph 1. 3 SEM shall dismiss an application that fails to meet the requirements of Ar
Art. 31a — 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). Para. 1 let. f — Inserted by No I of the FA of 26 Sept. 2014, in force since 1 July 2015 (AS 2015 1871; BBl 2014 3373). Para. 4 — 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).
Art. 31b Recognition of asylum and return decisions made in Dublin States
1 An asylum seeker in respect of whom a negative asylum decision and a legally binding return decision has been issued in a state that is bound by one of the Dublin Association Agreements (Dublin State) may be removed directly to their native country or country of origin in accordance with the requirements of Directive 2001/40/EC if: a. the competent Dublin State has not executed any removals to the asylum seeker’s native country or country of origin for a long period; and b. it is likely that removal from Switzerland can be executed quickly. 2 SEM shall obtain the information required to execute the removal from the competent authorities of the Dublin State concerned and make the necessary arrangements.
Art. 31b — Inserted by No I of the FA of 26 Sept. 2014, in force since 1 July 2015 (AS 2015 1871; BBl 2014 3373). Para. 1 — Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149 of 2.6.2001, p. 34.
Art. 32–35
Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
Art. 35a Resumption of asylum proceedings under the Dublin procedure
If Switzerland is responsible for assessing an asylum application on the basis of Regulation (EU) No 604/2013, the asylum proceedings shall be resumed, even if the asylum application had previously been dismissed.
Art. 35a — Inserted by No I of the FA of 16 Dec. 2005 (AS 2006 4745; BBl 2002 6845). Amended by Annex No I 2 of the FD of 26 Sept. 2014 (Adoption of R[EU] establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675). See footnote to Art. 22 para. 1ter.
Art. 36 Procedure prior to a decision
1 If it is decided to dismiss an application under Article 31a paragraph 1, the asylum seeker is granted a hearing. The same applies if the asylum seeker: a. deceives the authorities as to his or her identity and this deception is confirmed by the results of the identification procedure or other evidence; b. bases his or her application primarily on forged or falsified evidence; c. seriously and culpably fails to cooperate in some other way. 2 In the other cases, an interview is held under Article 29.
Art. 36 — Amended 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. 37 Procedural deadlines in the first instance
1 Notice of decisions under the Dublin procedure (Art. 26b) must be given within three working days after the Dublin state to which the request was directed has agreed to the transfer request under Articles 21 and 23 of Regulation (EU) No 604/2013. 2 Notice of decisions under the accelerated procedure (Art. 26c) must be given within eight days of the conclusion of the preparatory phase. 3 If there are valid reasons and it is foreseeable that the decision can be taken in a federal centre, the time limits laid down in paragraphs 1 and 2 may be exceeded by a few days. 4 Decisions under the extended procedure (Art. 26d) must be taken within two months of the conclusion of the preparatory phase. 5 In other cases, decisions to dismiss an application must be made within five working days and decisions must be made within ten working days of the application being filed. 6 SEM shall decide as a priority and immediately if the person seeking asylum is in detention pending extradition on the basi
Art. 37 — Amended by No I, paras 4 and 6 in accordance with No IV 2 of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991). Para. 1 — Council Regulation (EU) No 604/2013 of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national; (new version), Amended by OJ L 180 of 29.6.2013, p. 31. Para. 6 — SR 311.0 Para. 6 — S
Art. 37a Grounds
Decisions to dismiss an application must be accompanied by a summary statement of grounds.
Art. 37a — 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. 37b SEM processing strategy
SEM shall set out in a processing strategy which applications for asylum shall be processed as a priority. In doing so, it shall pay particular attention to the statutory time limits, the situation in the countries of origin, the evident merits or otherwise of the applications and the conduct of the asylum seekers.
Art. 37b — 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. 38
Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
Art. 39 Granting temporary protection
If, as a result of questioning at the federal centre or at the interview, it is obvious that asylum seekers belong to a group of persons in need of protection in accordance with Article 66, they shall be granted temporary protection.
Art. 39 — Amended 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. 40 Rejection without further investigations
1 If, as a result of the interview, it is obvious that asylum seekers are unable to prove or credibly demonstrate their refugee status and there are no grounds preventing their removal, the application shall be rejected without further investigations. 2 The decision must at least be summarily substantiated.
Para. 2 — Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
Art. 41
Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
Art. 41a Coordination with the extradition proceedings
If the person seeking asylum is the subject of an application for extradition in accordance with the Mutual Assistance Act of 20 March 1981, SEM shall consult the files on the extradition proceedings when deciding on the asylum application.
Art. 41a — Inserted by No I 1 of the FA of 1 Oct. 2010 on the Coordination of Asylum and Extradition Proceedings, in force since 1 Apr. 2011 (AS 2011 925; BBl 2010 1467). SR 351.1
Section 4 Status of Asylum Seekers during the Proc
Art. 42 Stay during the asylum procedure
Any person who applies for asylum in Switzerland may stay in Switzerland until the conclusion of the procedure.
Art. 42 — Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
Art. 43 Authorisation for gainful employment
1 While staying in federal centres, asylum seekers may not be gainfully employed. 1bis The additional requirements for authorising gainful employment are governed by the Federal Act of 16 December 2005 on Foreign Nationals (FNIA). 2 If an application for asylum is rejected in a legally binding decision, authorisation for gainful employment expires on expiry of the period specified for departure, even if an extraordinary legal remedy has been applied for and the enforcement of removal has been suspended. If SEM extends the departure period as part of the ordinary procedure, gainful employment may continue to be authorised. Gainful employment may not be authorised during proceedings under Article 111c. 3 The FDJP may, in agreement with the Federal Department of Economic Affairs, Education and Research authorise the cantons to extend permits for certain categories of persons to be gainfully employed beyond the expiry of the departure period, provided special circumstances justify this. Th
Para. 1 — 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. 1bis — SR 142.20 Para. 1bis — Inserted by Annex No II 1 of the FA of 16 Dec. 2005 on Foreign Nationals, in force since 1 Jan. 2008 (AS 2007 5437, 2008 5405; BBl 2002 3709). Para. 2 — Amended 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). Para. 3 — Amended by No I of the FA of 14 Dec. 2012, in force since 1
Section 5 Enforcement of Removal and Alternative M
Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
Art. 44 Removal and temporary admission
1 If SEM rejects or dismisses the application for asylum, it shall normally issue a return ruling and enforce removal from Switzerland; however, in doing so it shall take account of the principle of family unity. In addition, Articles 83 and 84 FNIA apply to the enforcement of the removal.
Art. 44 — Amended 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). Para. 1 — SR 142.20
Art. 44a
Inserted by No I 2 of the FA of 19 Dec. 2003 on the 2003 Budgetary Relief Programme (AS 2004 1633; BBl 2003 5615). Repealed by No I of the FA of 16 Dec. 2005, with effect from 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
Art. 45 Return ruling
1 The return ruling shall indicate: a. subject to international agreements, in particular the Dublin Association Agreements, the obligation of the asylum seeker to leave Switzerland and the Schengen area and the obligation to travel to the country of origin or to another state outside the Schengen area that will accept the person concerned; b. subject to international agreements, in particular the Dublin Association Agreements, the time by which the asylum seeker must have left Switzerland and the Schengen area; where temporary admission has been granted, the departure date is determined when the decision is made to revoke temporary admission; c. the coercive measures that may be applied; d. if applicable, the designation of the states to which the asylum seeker may not be returned; e. if applicable, the ordering of an alternative measure instead of enforcing the removal order; f. the designation of the canton responsible for the enforcement of the removal order or the alternative meas
Art. 45 — Amended by Art. 2 No 2 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881). Para. 1 let. a — Amended by No I of the FA of 1 Oct. 2021, in force since 1 Sept. 2022 (AS 2022 459; BBl 2022 7105). Para. 1 let. a — These agreements are listed in Annex 1. Para. 1 let. b — Amended by No I of the FA of 1 Oct. 2021, in force since 1 Sept. 2022 (AS 2022 459; BBl 2022 71
Art. 45a Alert in the Schengen Information System
1 The data on third-country nationals against whom a return decision in terms of Directive 2008/115/EC has been issued in accordance with Articles 44 and 45 of this Acts shall be recorded by SEM in the Schengen Information System (SIS). 2 The removal of refugees shall be recorded in the SIS by the authority that has issued the return decision or expulsion order under Article 64 or 68 FNIA. 3 Articles 68b–68e FNIA apply mutatis mutandis.
Art. 45a — 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). Para. 1 — Directive 2008/115/EC of the European Parliament and the Council of 16 Dec. 2008 on common standards and procedures in Member States for returni
Art. 46 Enforcement by the cantons
1 The canton of allocation is obliged to enforce the return ruling. 1bis During an asylum seeker’s stay in a federal centre, the canton responsible for enforcing the removal is the canton where the centre is located. For persons defined under Article 27 paragraph 4, the canton concerned remains responsible for enforcing removal even after the person’s stay in a federal centre. The Federal Council may in special circumstances allow for a canton other than the canton concerned to be allocated this responsibility. 1ter In the case of a multiple request under Article 111c, the canton responsible under the previous asylum and return procedure remains responsible for removal and administering emergency care. 2 If enforcement provides impossible for technical reasons, the canton shall apply to SEM for temporary admission to be granted. 3 SEM supervises enforcement and, working with the cantons, shall establish a system for monitoring the enforcement of removal.
Para. 1 — Amended by No I 2 of the FA of 19 Dec. 2003 on the 2003 Budgetary Relief Programme, in force since 1 Apr. 2004 (AS 2004 1633 1647; BBl 2003 5615). Para. 1bis — Inserted by No I 2 of the FA of 19 Dec. 2003 on the Budgetary Relief Programme 2003, (AS 2004 1633; BBl 2003 5615). 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. 1ter — Inserted by No I of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101,
Art. 47 Duty to cooperate with the return procedure and measures where the place of stay is unknown
1 Once an enforceable return decision has been issued, the persons concerned are obliged to cooperate in obtaining valid travel documents. 2 If the identity of the person concerned has not been established and if travel documents cannot reasonably be obtained by any other means, SEM may require the person concerned to hand over electronic data carriers after the decision has become legally enforceable. 3 The analysis of the personal data and the evaluation of the procedure are based on Article 8a. Personal data required to enforce return may be forwarded to the authorities of the competent canton. 4 If asylum seekers subject to a return decision avoid enforcement of removal by concealing their place of stay, the competent canton or SEM may arrange for their registration in the police system for tracing missing persons.
Art. 47 — Amended by No I of the FA of 1 Oct. 2021, in force since 1 April 2025 (AS 2024 189; BBl 2020 9287; 2021 137). See also the transitional provision at the end of the text.
Art. 48 Cantonal cooperation
If asylum seekers subject to a return decision are not located in the canton responsible for the enforcing removal, the canton of stay shall provide administrative assistance on request. Administrative assistance includes in particular delivering the person concerned to the competent canton or deporting them directly.