Ordinance of the Cantonal Council on Asylum (KR AsylVo) (KRASYLVO)

1. This ordinance regulates the residence of asylum seekers and temporarily admitted persons in the Canton of Appenzell Ausserrhoden until the execution of the decision by the federal authorities regarding the granting or denial of asylum.

2. It specifically governs the responsibilities, the division of duties between the canton and the municipalities, social assistance and care, integration and return counseling, as well as cost allocation and financing.

1. The governing council exercises overall supervision over the implementation of regulations concerning asylum matters. It shall

a) issue specific details in a regulation, after hearing the municipalities, regarding the sectors of social assistance and care, emergency aid, material return assistance, and integration services for provisionally admitted individuals,

b) establish, after hearing the municipalities, the upper limit for the allocation of asylum seekers to municipalities as a ratio to the municipal population. In urgent cases, it may limit the hearing to a consultation with the mayors,

c) decide on the operation of cantonal centers, with prior consultation of the host municipality.

2. It may agree with other cantons on the joint fulfillment or delegation of implementation tasks, particularly for the operation of cantonal centers.

1. The Department of Health and Social Services as well as the Department of Internal Affairs and Security supervise the enforcement within their respective areas.

2. The Department of Health and Social Services

a) ensures the provision of centers or accommodations for asylum seekers within the canton and may, for this purpose, enter into contracts with public or private institutions,

b) ensures coordination between the canton and the municipalities, particularly in the area of social welfare and care,

c) supports the municipalities in the care of asylum seekers and provisionally admitted persons,

d) issues directives on the accounting system,

e) ensures appropriate public relations work.

3. The Department of Internal Affairs and Security may issue directives on the asylum procedure and on the enforcement of asylum decisions.

1. The Care Service of the Department of Health and Social Affairs and the Office for Internal Affairs of the Department of Internal Affairs and Security

a) ensure communication with the relevant federal offices within their respective areas,

b) inform the affected cantonal authorities and municipalities about the instructions, decisions, and orders of the federal authorities, and

c) collaborate and support each other.

1. The Care Service

a) enforces the regulations in asylum matters, unless otherwise specified,

b) operates the canton’s centers and accommodations while granting the affected municipalities an appropriate right to participate,

c) carries out the assignments according to Art. 11 and decides on the cancellation and modification of an assignment,

d) supports municipal authorities in individual cases with difficulties concerning assigned asylum seekers and temporarily admitted persons and represents the interests of the municipalities to the federal authorities,

e) is responsible for the cantonal coordination in the area of return assistance and counseling,

f) promptly appoints a trusted person for unaccompanied minor asylum seekers after their assignment to the canton, who will take over their interests in the asylum procedure until the execution of the asylum decision.

1. The Office of the Interior

a) acts as the registration office for newly assigned asylum seekers,

b) ensures, as necessary, the hearing of asylum seekers,

c) is responsible for issuing foreigner identification cards and granting work permits,

d) is responsible for the enforcement of asylum decisions.

1. The municipalities primarily contribute by providing social assistance and support to the asylum seekers assigned to them as well as to those temporarily admitted.

2. Further provisions remain subject to additional services based on other legal regulations.

1. Asylum seekers and temporarily admitted persons newly assigned to the canton are generally accommodated initially by the canton.

2. For important reasons, particularly medical or familial, this requirement may be waived, and a direct assignment to a municipality may occur.

1. The care service assigns each asylum seeker a place of residence.

2. The assignment takes place

a) To a municipality in accordance with Article 11. In special cases, a specific accommodation may also be assigned;

b) to a center or accommodation of the canton.

3. The assignment to a municipality can only be changed for important reasons.

4. In the assignment process, the principle of family unity is the primary consideration. Furthermore, the risk of ethnic, cultural, political, or religious conflicts should be prevented as much as possible.

1. Municipalities shall ensure the provision of accommodations for asylum seekers and temporarily admitted persons.

2. The canton may operate its own centers or accommodations to relieve the municipalities. The municipalities shall adequately support the canton in the provision and operation.

3. The municipalities hosting centers and accommodations of the canton or the federal government shall be credited with the respective occupancy.

1. The municipalities reach an agreement on the numerical distribution of asylum seekers based on the data provided by the support service.

2. If the municipalities cannot reach an agreement or if the number of asylum seekers exceeds the available accommodations, the Department of Health and Social Affairs determines the number of allocations per municipality in proportion to the population size.

1. Municipalities are responsible for providing support services to assigned asylum seekers and persons with temporary admission.

2. Individual support services may, in justified cases, particularly due to economic efficiency or the need for uniformity, be centrally administered by the canton. Before making a decision, the Department of Health and Social Affairs consults with the municipalities.

3. The canton is responsible for support services in its centers and accommodations.

1. Assistance is primarily provided through benefits in kind.

2. If the disbursement of monetary benefits is unavoidable, it should only cover needs for a short period of time. The approaches applied may be lower than those in regular social assistance.

3. Earned income of any kind or other revenues, particularly from social insurance benefits, as well as assets, are to be taken into account.

4. In cases of misconduct by the persons in need of assistance, the benefits may be appropriately reduced or social assistance terminated.

1. If an authority is to support asylum seekers or temporarily admitted persons during a period for which social insurance benefits may be considered, the authority can make the support contingent upon the assignment of claims from this social insurance.

2. The authority may register its claims with the relevant social insurance institution.

1. Asylum seekers and temporarily admitted persons receive appropriate care within the operational capabilities of the centers and accommodations.

2. Responsibility lies with the respective municipality or, in the case of cantonal centers and accommodations, the care service.

3. As long as a permanent stay in Switzerland is not foreseeable, particularly during an ongoing asylum procedure, social and medical care should be provided with restraint and focused on return. Emphasis should be placed on promoting independence and personal responsibility.

1. Integration services are intended to support temporarily admitted persons in their social and labor market integration.

2. The Department of Health and Social Services may involve third parties for the execution or transfer this task to third parties.

1. The canton and the municipalities may offer educational and employment programs.

2. Employment programs must have a charitable purpose and be coordinated with the existing offerings in the social and labor market sectors.

3. For individuals who do not demonstrate a permanent residence in Switzerland, particularly during an ongoing asylum procedure, educational and employment programs must be designed to orient towards return.

1. During the duration of the asylum procedure and following a legally binding asylum decision, return counseling may take place.

2. The municipalities support the care service in the return counseling.

3. In addition to return assistance or programs offered by the federal government, material return assistance may be granted.

1. If it is not possible to execute a removal order within the prescribed time frame, emergency assistance can be granted for a limited period upon request.

2. Emergency assistance is generally provided in the form of benefits in kind. If the disbursement of monetary aid is unavoidable, it should only cover needs for a short period of time.

3. The execution falls under the responsibility of the municipalities. Article 9 and Article 12, Paragraph 2 remain reserved.

4. If all municipalities agree, the canton may take over the execution through a service agreement.

1. The care service, subject to Article 21, encompasses all expenditures by the canton and municipalities as outlined in Sections III and V, as well as Articles 16 and 18. The government council determines

a) which expenditures are covered by a lump sum,

b) for which municipal expenditures a prior cost approval from the care service is required for crediting.

2. Additionally, the government council may declare further expenditures as fully or partially creditable, in particular

a) supplementary benefits according to Article 17 of this regulation,

b) benefits based on other legal provisions, especially school contributions and cost shares related to the repayment of AHV/IV contributions during a period of social assistance dependency.

3. The federal contributions designated for asylum care are used in full to cover the expenditures according to paragraphs 1 and 2.

4. For additional expenditures or revenues, the following distribution key applies: Canton 10% and the municipalities 90%. The share of a municipality is determined by its average population size in relation to the average total population. The basis for calculating the average is the financial year and the two preceding years (status: residential population with civil law residency as of December 31 of each year).

1. The canton reimburses the municipalities one quarter of the federal administration cost allowance per allocation according to Art. 9 para. 2.

1. If a service agreement is concluded pursuant to Art. 40 of the Social Welfare Act, the canton’s contribution amounts to 10%.

2. The costs of additional services, particularly the possibility of attending school or measures by the Child and Adult Protection Authority, which are to be borne wholly or partially in solidarity by the municipalities, can be part of the service agreement.

1. The Executive Council may issue implementing provisions.

2. The Asylum Ordinance of November 16, 1992, is repealed.

3. The Ordinance shall enter into force on January 1, 2008.