Asylum Act (AsylA) (AsylA)
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).
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 Legal Protection in Federal Centres
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. 102f Principles
1 Asylum seekers whose request is processed in a federal centre have the right to free advice and legal representation. 2 SEM shall mandate one or more providers to carry out the tasks mentioned in paragraph 1.
Art. 102g Counselling on the asylum procedure
1 During their stay in a federal centre, asylum seekers shall have access to counselling on the asylum procedure. 2 The counselling shall include in particular informing the asylum seekers about their rights and obligations in the asylum procedure. 3 The counselling shall also include information on the complaints mechanism in accordance with Article 111 of Regulation (EU) 2019/1896.
Para. 3 — Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, amended by OJ L 295 of 14.11.2019, p. 1. Para. 3 — Inserted by No I of the FA of 1 Oct. 2021, in force since 1 Sept. 2022 (AS 2022 459; BBl 2022 7105).
Art. 102h Legal representation
1 Each asylum seeker shall be assigned a legal representative from the start of the preparatory phase and for the remainder of the asylum procedure, unless the asylum seeker expressly declines this. 2 The legal representative assigned shall inform the asylum seeker as quickly as possible about the asylum seeker’s chances in the asylum procedure. 3 Legal representation shall last, under the accelerated and the Dublin procedure, until a legally binding decision is taken, or until a decision is taken about carrying out an extended procedure. Article 102l is reserved. 4 Legal representation shall end when the legal representative assigned informs the asylum seeker that he or she does not wish to submit an appeal because it would have no prospect of success. This shall take place as quickly as possible after notification of the decision to reject asylum. 5 The tasks of the legal representative are governed by Article 102k.
Art. 102i Tasks of the provider
1 The provider under Article 102f paragraph 2 is responsible in particular for providing, organising and implementing counselling and legal representation in federal centres. It shall ensure the quality of the counselling and legal representation. 2 The provider shall determine the persons to whom counselling and legal representation is assigned. It shall assign the persons responsible for legal representation to the asylum seekers. 3 Persons professionally involved in counselling asylum seekers are allowed to provide counselling. 4 Attorneys are allowed to provide legal representation. Persons with a university degree in law who are involved in counselling and representing asylum seekers professionally are also allowed to provide legal representation. 5 There shall be a regular exchange of information between the provider and SEM, in particular to coordinate tasks and ensure quality.
Art. 102j Participation of the legal representative
1 SEM shall notify the provider of the appointments for initial questioning in the preparatory phase, for the interview on the grounds for asylum and for further procedural steps requiring involvement of the legal representation. The provider shall give this information promptly to the legal representative. 2 Provided the appointments are notified in good time, SEM’s actions have legal force even if the legal representative is not present or does not participate. Exceptions may be for absences at short notice there is justifiable good cause. 3 If the legal representative does not provide an opinion on a draft decision to refuse asylum within the time limit, despite the draft decision being sent by the provider in good time, it shall be considered that no view is expressed.
Art. 102k Payment for counselling and legal representation
1 The Confederation shall, by agreement and on the principle that value for money will be ensured, pay the provider for the following tasks in particular: a. providing information and counselling to asylum seekers; b. the participation of the legal representative in the initial questioning in the preparatory phase and in the interview on the grounds for asylum; c. providing an opinion on the draft asylum decision under the accelerated procedure; d. providing legal representation in appeal proceedings, in particular preparing the appeal documentation; e. representing the interests of unaccompanied minor asylum seekers as a trusted person at federal centres and at airports; f. in the case of allocation to the extended procedure, provision of information by the assigned legal representative to the legal advice agency on the current state of proceedings, or continuation of legal representation assigned in procedural stages relevant to a decision under Article 102l; g. advice and assistance
Para. 1 let. g — Inserted 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. g — See footnote to Art. 102g para. 3.
Section 1a Counselling and Legal Representation in
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. 102l
1 Following allocation to a canton, asylum seekers may contact a legal advice agency or the legal representative allocated free of charge at steps of the procedure at first instance relevant to the decision, in particular if an additional interview is held on the grounds for asylum. 1bis Following allocation to a canton, asylum seekers may contact a legal advice agency or the legal representative allocated free of charge for the advice and assistance under Article 102k paragraph 1 letter g unless this advice and assistance has already been provided in a federal centre. 2 The Confederation shall pay the legal advice agency for the work it carries out under paragraph 1 and 1bis by agreement and on the principle that value for money will be ensured. The payment shall be made as a lump sum. In exceptional cases, the payment may be based on the actual expenditure, especially in the case of non-recurring costs. 3 The Federal Council shall lay down the requirements for authorisation as a lega
Para. 1bis — Inserted by No I of the FA of 1 Oct. 2021, in force since 1 Sept. 2022 (AS 2022 459; BBl 2022 7105). Para. 2 — Amended by No I of the FA of 1 Oct. 2021, in force since 1 Sept. 2022 (AS 2022 459; BBl 2022 7105).
Section 1b Legal Aid
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. 102m
1 The Federal Administrative Court shall at the request of the asylum seeker, who shall be exempted from paying the procedural costs, appoint an official legal adviser, but only in the case of appeals against: a. decisions to dismiss the application, decisions to refuse asylum and return decisions under Articles 31a and 44; b. decisions on the revocation or expiry of asylum under Articles 63 and 64; c. the termination of temporary admission relating to asylum seekers under Article 84 paragraphs 2 and 3 FNIA; d. decisions relating to granting temporary protection under Chapter 4 of this Act. 2 An exception is made for appeals under paragraph 1 if they relate to re-examination and review procedures and multiple applications. For these and for the other appeals, with the exception of paragraph 1, Article 65 paragraph 2 of the Administrative Procedure Act applies. 3 In the case of appeals submitted on the basis of this Act, persons with a university degree in law who are involved in counse
Para. 1 let. c — SR 142.20 Para. 2 — SR 172.021
Section 1c Appeal Proceedings at Cantonal Level
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. 103
1 The cantons shall provide at least one appellate authority where appeals may be filed against rulings of cantonal authorities based on this Act and its implementing provisions. 2 Appeals against decisions by cantonal courts of the last instance are governed by the general provisions on the administration of federal justice, unless otherwise provided in this Act.
Section 2 Appeal Proceedings at Federal Level
Art. 104
Repealed by Annex No 4 of the Administrative Court Act of 17 June 2005, with effect from 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).
Art. 105 Appeals against SEM rulings
Appeals may be filed against SEM rulings in accordance with the Federal Administrative Court Act of 17 June 2005.
Art. 105 — Amended by No I 3 to No IV of the Ordinance of the Federal Assembly of 20 Dec. 2006 on the Adaptation of Enactments to the Provisions of the Supreme Court Act and the Administrative Court Act, in force since 1 Jan. 2008 (AS 2006 5599, 2007 5573; BBl 2006 7759). SR 173.32
Art. 106 Grounds for appeal
1 An appeal may be filed on the following grounds: a. the violation of federal law, including the abuse and exceeding of discretionary powers; b. incorrect and incomplete determination of the legally relevant circumstances; c. ... 2 Article 27 paragraph 3 and Article 68 paragraph 2 remain reserved.
Art. 106 — Amended by No I 2 of the Ordinance of the Federal Assembly of 20 Dec. 2006 on the Adaptation of Enactments to the Provisions of the Supreme Court Act and the Administrative Court Act (AS 2006 5599; BBl 2006 7759). Para. 1 let. c — 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. 107 Contestable interim rulings
1 Interim rulings issued in application of Article 10 paragraphs 1–3 and 18–48 of this Act as well as Article 71 FNIA may only be contested by appeal against the final ruling. The contesting of rulings remains reserved in accordance with Article 27 paragraph 3. 2 The following are also independently contestable, provided they may cause permanent prejudice: a. precautionary measures; b. rulings by which proceedings are suspended, other than rulings in accordance with Article 69 paragraph 3. 3 ...
Para. 1 — SR 142.20 Para. 1 — Amended 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. 3 — 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. 107a Dublin procedure
1 No suspensive effect may be applied to appeals against decisions to dismiss applications made by asylum seekers who are able to travel to another state that is responsible under an international treaty for the conduct of asylum or return proceedings. 2 The asylum seeker may apply for the order to be suspended within the deadline for filing the appeal. 3 The Federal Administrative Court shall decide on the matter within five days of receipt of an application under paragraph 2. If suspension is not granted within five days, the removal may be enforced
Art. 107a — Inserted by Art. 3 No 2 of the FD of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with Schengen and Dublin (AS 2008 447; BBl 2004 5965). Amended by Annex No I 2 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841;
Art. 108 Time limits for appeals
1 Under the accelerated procedure, an appeal against a decision under Article 31a paragraph 4 must be submitted within five days of notification of the ruling. 2 Under the extended procedure, an appeal against a decision under Article 31a paragraph 4 must be filed within 30 days, and against interim rulings within ten days of notification of the ruling. 3 An appeal against decisions to dismiss an application and against rulings in accordance with Article 23 paragraph 1 and Article 40 in conjunction with Article 6a paragraph 2 letter a must be submitted within five working days of notification of the ruling. 4 Denial of entry in accordance with Article 22 paragraph 2 may be contested until notification of the ruling in accordance with Article 23 paragraph 1. 5 A review of the legality and the appropriateness of the allocation of a place of stay at the airport or at another appropriate place in accordance with Article 22 paragraphs 3 and 4 may be requested by means of appeal at any time.
Art. 108 — 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. 7 — SR 172.021
Art. 108a 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, the appeal authorities shall consult the files on the extradition proceedings when deciding on appeal relating to the asylum application.
Art. 108a — Inserted by No I 2 of the FA of 19 Dec. 2003 on the 2003 Relief Programme (AS 2004 1633; BBl 2003 5615). Amended 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
Art. 109 Time limits for decisions
1 Under the accelerated procedure, the Federal Administrative Court normally decides within 20 days on appeals against decisions under Article 31a paragraph 4. 2 Under the extended procedure, the Federal Administrative Court decides on appeals against decisions under Article 31a paragraph 4 within 30 days. 3 In the case of appeals against decisions to dismiss an application and against rulings under Article 23 paragraph 1 and Article 40 in conjunction with Article 6a paragraph 2 letter a, it normally decides within 5 working days. 4 The time limits laid down in paragraphs 1 and 3 may be exceeded by a few days if there are valid reasons. 5 The Federal Administrative Court decides on appeals against decisions in accordance with Article 22 paragraphs 2–3 and 4 without delay on the basis of the files. 6 In other cases, the Federal Administrative Court shall decide on appeals within 20 days. 7 It shall decide exceptionally and immediately if the person seeking asylum is in detention pending
Art. 109 — Amended by No I, paras 5 and 7 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. 7 — SR 311.0 Para. 7 — SR 321.0 Para. 7 — SR 142.20 Para. 7 — Second sentence 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).
Art. 109a Exchange of information
A regular exchange of information shall take place between the FDJP and the Federal Administrative Court on the prioritisation and administrative processing of proceedings of first and second instance.
Art. 109a — Inserted by No I of the FA of 14 Dec. 2012 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
Art. 109b Federal Administrative Court processing strategy
The Federal Administrative Court shall adopt a processing strategy; in doing so, it shall take account of: a. SEM processing strategy under Article 37b; b. the statutory appeal and processing deadlines.
Art. 109b — 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. 110 Procedural time limits
1 The additional period allowed for the amendment of the appeal amounts to seven days, and in the case of appeals against decisions to dismiss an application and decisions in accordance with Article 23 paragraph 1, under Article 40 in conjunction with Article 6a paragraph 2 letter a, and rulings under Article 111b, three days. 2 The time limit for furnishing evidence is seven days if the evidence must be obtained in Switzerland, and 30 days for evidence that must be obtained abroad. Expert reports must be produced within 30 days. 3 The time limit under paragraph 2 may be extended if the appellant or their representative is prevented from acting within this time limit, in particular due to illness or accident. 4 The deadline for proceedings is at the most two working days in the case of proceedings relating to the denial of entry into Switzerland and the allocation of a place of stay at the airport in accordance with Article 22 paragraphs 2–3 and 4.
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. 3 — 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 — 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. 110a
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. 111 Competence of a single judge
1 The following cases may be heard by a single judge: a. the dismissal of appeals due to irrelevance; b. summary dismissal of manifestly unlawful appeals; c. the decision relative to the preliminary denial of entry at the airport and the allocation of a place of stay at the airport; d. ... e. with consent of a second judge: appeals that are clearly with or without justification.
Art. 111 — Amended by No I and IV 1 of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845). Para. 1 let. d — 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. 111a Procedure and decision
1 The Federal Administrative Court may dispense with an exchange of written submissions. 2 Appeal decisions in accordance with Article 111 need only be summarily substantiated.
Art. 111a — 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 Ordinance of the Federal Assembly of 20 Dec. 2006 on the Amendment of Legislation in accordance with the Provisions on the Federal Supreme Court Act and the Federal Administrative Court Act, in force since 1 Jan. 2008 (AS 2006 5599, 2007 5573; BBl 2006 7759).
Art. 111abis Preparatory measures and oral notification of a judgment
1 In the appeal procedure against decisions on asylum under Article 31a of this Act issued under the accelerated or the Dublin procedure, the Federal Administrative Court may carry out preparatory measures in federal centres under Article 39 paragraph 2 of the Federal Administrative Court Act of 17 June 2005 if this means that the appeal can be decided on more quickly. 2 Oral notification of the judgment is permitted. The oral notification together with a summary justification must be recorded in minutes. 3 The parties may request a complete copy of the judgment within 5 days of oral notification of the judgment. This does not mean that enforceability of the judgment is deferred.
Art. 111abis — 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 173.32
Art. 111ater Party costs
In the appeal procedure against decisions on asylum under Article 31a which have been issued under the accelerated or the Dublin procedure, no party costs shall be awarded. If the asylum seeker has not made use of legal representation under Article 102h or has not made use of legal representation when making an appeal (Art. 102h paragraph 4), the general provisions on the administration of federal justice apply.
Art. 111ater — 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 Re-examination and Multiple Applications
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. 111b Re-examination
1 An application for re-examination must be submitted to SEM in writing and with a statement of grounds within 30 days of identifying the grounds for re-examination. There is no preparatory phase. 2 Decisions to dismiss an application must normally be made within five working days of submission of an application for re-examination. In other cases, decisions must normally be made within ten working days of the application being submitted. 3 The submission of an application for re-examination does not delay enforcement. The authority responsible for processing may suspend enforcement on request if there is a specific danger to the applicant in his or her native country or country of origin. 4 Applications for re-examination without a statement of grounds or repeat applications that state the same grounds shall be dismissed without a formal decision being taken.
Art. 111b — 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 — 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. 111c Multiple applications
1 Applications for asylum made within five years of the asylum and return decision becoming legally binding must be submitted in writing with a statement of the grounds. There is no preparatory phase. The grounds for dismissal under Article 31a paragraphs 1–3 apply. 2 Multiple applications or repeat applications that state the same grounds shall be dismissed without a formal decision being taken
Art. 111c — 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 — 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. 111d Fees
1 SEM shall charge a fee if it rejects or dismisses an application for re-examination or a multiple application. If a request or application is approved in part, the fee is reduced. No compensation is paid. 2 SEM shall on request exempt the applicant following submission of re-examination or multiple applications from having to pay procedural costs provided he or she is in financial need and the application does not appear prima facie without merit. 3 SEM may request the applicant to make an advance payment of fees equivalent to the probable procedural costs. It shall allow an appropriate period for payment to be made, under threat of dismissal for failure to do so. An advance payment of fees shall not be requested: a. if the requirements of paragraph 2 are met; or b. in proceedings involving unaccompanied minors, provided the re-examination or multiple application does not appear prima facie without merit. 4 The Federal Council shall regulate the assessment of the fee and the level of
Art. 111d — 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. 112
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 4 Stop and Suspension of Limitation Period
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. 112a
For the duration of appeal proceedings, the limitation period for financial claims by the Confederation against recipients of subsidies or social assistance does not begin or is suspended if it has already begun.
Art. 112a — 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).