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 Granting of Asylum
Art. 49 Principle
Asylum is granted to persons if they have refugee status and there are no grounds for denying asylum.
Art. 50 Country of second asylum
Refugees who have been admitted as such to another state may be granted asylum if they have resided in Switzerland in a law-abiding manner and without interruption for a minimum of two years.
Art. 51 Family asylum
1 Spouses or registered partners of refugees and their minor children shall be recognised as refugees and granted asylum provided there are no special circumstances that preclude this. 1bis If, during the asylum procedure, SEM has reason to believe that there are grounds under Article 105 number 5 or 105a of the Civil Code (CC) for the marriage to be annulled, they shall report this to the competent authority under Article 106 CC. The procedure shall be suspended until this authority makes its decision. If the authority raises an action for annulment, the request is suspended until a legally binding judgment has been issued. If the refugee's spouse is abroad, the report to the competent authority shall be made and the proceedings suspended after the spouse enters Switzerland. 2 ... 3 Children born in Switzerland to refugee parents shall be recognised as refugees, provided if there are no special circumstances that preclude this. 4 If the persons entitled under paragraphs 1 were separat
Para. 1 — Amended by No I 2 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185). Para. 1bis — SR 210 Para. 1bis — Amended by Annex No 2 of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590; BBl 2023 2127). Para. 1bis — Fourth sentence inserted by Annex No 2 of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590;
Art. 52
1 ... 2 ...
Para. 1 — Repealed by No I of the FA of 16 Dec. 2005, with effect from 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845). Para. 2 — Repealed by No I of the FA of 25 Sept. 2015, with effect from 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).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. 53 Unworthiness of refugee status
Refugees shall not be granted asylum if: a. they are unworthy of it due to serious misconduct; b. they have violated or endanger Switzerland’s internal or external security; or c. they have been made subject to an expulsion order under Article 66a or 66abis SCC or Article 49a or 49abis MCC.
Art. 53 — Amended by Annex No 2 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975). let. c — SR 311.0 let. c — SR 321.0
Art. 54 Subjective post-flight grounds
Refugees shall not be granted asylum if they became refugees in accordance with Article 3 only by leaving their native country or country of origin or due to their conduct after their departure.
Art. 55 Exceptional situations
1 In times of increased international tension, in the event of the outbreak of an armed conflict in which Switzerland is not involved, or in the event of an exceptionally large influx of asylum seekers in times of peace, Switzerland shall grant asylum to refugees as long as the circumstances permit. 2 The Federal Council shall take the required measures. It may, in derogation from the law, restrict the requirements for granting asylum and the legal status of the refugees and issue special procedural provisions. It shall submit a report on this to the Federal Assembly immediately. 3 If Switzerland’s capacity to permanently accommodate refugees is exceeded, asylum may only be granted temporarily until those admitted are able to go elsewhere. 4 If it becomes apparent that a considerable number of refugees are coming to Switzerland, the Federal Council shall seek rapid and effective international cooperation with a view to their reallocation to other countries.
Section 2 Asylum for Groups
Art. 56 Decision
1 A Federal Council decision is required for asylum to be granted to large groups of refugees. The Department shall decide in the case of smaller groups of refugees. 2 SEM shall determine who belongs to such a group.
Art. 57 Allocation and initial integration
1 For the allocation of the refugees to the cantons, Article 27 applies. 2 The Confederation may in the interests of initial integration temporarily allocate groups of refugees to accommodation and, in particular house them in an initial integration centre.
Section 3 Legal Status of Refugees
Art. 58 Principle
The legal status of refugees in Switzerland is governed by the law applicable to foreign nationals, unless special provisions, in particular of this Act and of the Refugee Convention of 28 July 1951, apply.
SR 0.142.30
Art. 59 Effect
Persons to whom Switzerland has granted asylum or who fulfil the requirements for refugee status are deemed in their relations with all federal and cantonal authorities to be refugees within the meaning of this Act and the Convention of 28 July 1951 relating to the Status of Refugees.
Art. 59 — Amended by Annex No 2 of the FA of 20 March 2015 (Implementation of Art. 121 paras 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975). SR 0.142.30
Art. 60 Regulation of stay
1 Persons to whom asylum has been granted have the right to a residence permit in the canton in which they legally stay. 2 The granting of a permanent residence permit is governed by Article 34 FNIA.
Art. 60 — 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 — SR 142.20 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).
Art. 61 Gainful employment
1 Persons to whom Switzerland has granted asylum or whom Switzerland has temporarily admitted as refugees and refugees subject to a legally enforceable expulsion order under Article 66a or 66abis SCC or Article 49a or 49abis MCC or a legally enforceable expulsion order under Article 68 FNIA may be gainfully employed anywhere in Switzerland. In the case of salaried employment, the salary and employment conditions customary for the location, profession and sector must be complied with (Art. 22 FNIA). 2 The employer must give notice of the start and end of salaried employment and any change of job to the cantonal authority responsible for the place of work in advance. In the case of self-employed work, notice must be given by the person concerned. The procedure for giving notice is governed by Article 85a paragraphs 2–6 FNIA. 3 Paragraph 2 does not apply to recognised refugees who hold a permanent residence permit.
Art. 61 — Amended by Annex No 1 of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821). Para. 1 — SR 311.0 Para. 1 — SR 321.0 Para. 1 — SR 142.20 Para. 1 — Amended by No IV of the FA of 17 Dec. 2021 (Restrictions on Travelling Abroad and Modification of Temporary Admission Status), in force since 1 June 2024 (AS 2024 188; BBl 2020 7457). Para. 2 — Amended by No II of the FA of 17 Dec. 2021 (Restrictions on Travelling Abroad and Mod
Art. 62 Medical examinations
Persons to whom Switzerland has granted asylum shall be permitted to sit federal medical examinations; the Federal Department of Home Affairs shall determine the requirements.
Section 4 Termination of Asylum
Art. 63 Revocation
1 SEM shall revoke asylum or deprive a person of refugee status: a. if the foreign national concerned has fraudulently obtained asylum or refugee status by providing false information or by concealing essential facts; b. if any of the grounds stated in Article 1 letter C numbers 1–6 of the Refugee Convention of 28 July 1951 apply. 1bis It shall deprive a person of refugee status if the refugee concerned travels to his or her native country or country of origin. It shall not deprive a person of refugee status if the person concerned credibly demonstrates that the journey to his or her native country or country of origin was made under duress. 2 SEM shall revoke asylum if a refugee: a. has violated or represents a threat to Switzerland’s internal or external security or has committed a particularly serious criminal offence; b. has failed to comply with a travel ban under Article 59c paragraph 1 second sentence FNIA. 3 The revocation of asylum or the deprivation of refugee status applies
Para. 1 let. b — SR 0.142.30 Para. 1bis — Inserted by Annex No 1 of the FA of 14 Dec. 2018 (Procedural Arrangements and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685). Para. 2 let. b — SR 142.20 Para. 2 let. b — Amended by Annex No 1 of the FA of 14 Dec. 2018 (Procedural Arrangements and Information Systems), in force since 1 April 2020 (AS 2019 1413, 2020 881; BBl 2018 1685). Para. 4 — Amended by No I 2 of the FA of 15 June 2012 on Measures against Forced Marriag
Art. 64 Expiry
1 Asylum in Switzerland shall expire if: a. the refugee has lived more than one year abroad; b. the refugee has been granted asylum or permission to stay permanently in another country; c. the refugee renounces their refugee status; d. removal or expulsion has been enforced; e. an expulsion order under Article 66a or 66abis SCC or Article 49a or 49abis MCC has become legally enforceable. 2 SEM may extend the deadline in accordance with paragraph 1 letter a under special circumstances. 3 Refugee status and asylum shall expire if the foreign national acquires Swiss nationality in accordance with Article 1 number C letter 3 of the Refugee Convention of 28 July 1951.
Para. 1 let. a — 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 let. d — 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 let. e — Inserted by Annex No 2 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016
Art. 65 Removal or expulsion
Refugees may be expelled only if they endanger Switzerland’s internal or external security or have seriously violated public order, subject to Article 5. The removal or expulsion of refugees is governed by Article 64 FNIA in conjunction with Article 63 paragraph 1 letter b and Article 68 FNIA. Article 5 is reserved.
Art. 65 — 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). SR 142.20