Ordinance 1 of August 11, 1999 on Asylum relating to Procedure (OA 1) - Scope of Application (RIPOL)

This ordinance is applicable insofar as the Dublin Association Agreements do not provide otherwise.

The Dublin Association Agreements are mentioned in Annex 1.

For the purposes of this ordinance, the following terms are defined as follows: a. identity: the names, first names, and nationalities, the ethnicity, the date and place of birth, as well as the gender; b. travel document: any official document authorizing entry into the State of origin or into other States, such as a passport or a replacement travel document; c. identity card or identification paper: any official document with a photograph issued for the purpose of verifying the holder’s identity; d. minor: anyone who has not yet reached the age of 18 in accordance with Art. 14 of the Swiss Civil Code; e. family: spouses and their minor children; registered partners and persons living in a stable cohabitation are considered equivalent to spouses; in the context of the Dublin procedure, the terms family members and relatives refer to Regulation (EU) No. 604/2013.

In order to conduct the asylum and expulsion procedures, the cantons are grouped into the following regions: a. Romandy Region: cantons of Fribourg, Geneva, Jura, Neuchâtel, Vaud, and Valais; b. Northwestern Switzerland Region: cantons of Aargau, Basel-Landschaft, Basel-Stadt, and Solothurn; c. Bern Region: canton of Bern; d. Zurich Region: canton of Zurich; e. Ticino and Central Switzerland Region: cantons of Lucerne, Nidwalden, Obwalden, Schwyz, Ticino, Uri, and Zug; f. Eastern Switzerland Region: cantons of Appenzell Outer Rhodes, Appenzell Inner Rhodes, Glarus, Grisons, St. Gallen, Schaffhausen, and Thurgau.

When a deadline within the asylum procedure is calculated in business days, Saturdays, Sundays, and public holidays of the Confederation, as well as those recognized by the cantonal law of the domicile or the seat of the party or its representation, are not considered as such.

To determine whether the state of origin or provenance is free from persecution, the following are considered: a. political stability; b. respect for human rights; c. the opinion of other EU or EFTA member countries, as well as that of the United Nations High Commissioner for Refugees (UNHCR); d. other specific characteristics of the country.

States mentioned in Annex 2 are considered free from persecution.

The asylum applicant is required to submit all their documents, particularly those that establish their identity, origin, and the route they followed to Switzerland, or from which this information may be derived.

Authorities and administrative services are required to seize all travel documents, identity papers, and other documents issued abroad or at a foreign representation and to immediately transmit the originals to the SEM.

Other documents notably include: a. civil status documents; b. proof of family relationships; c. baptismal certificates; d. proof of nationality; e. refugee cards; f. driver's licenses; g. military identity cards.

The documents listed in para. 1 must be seized during the asylum procedure and after its definitive conclusion as long as the person concerned does not have a residence or settlement permit. Art. 10, para. 5, Asylum Act applies to recognized refugees.

If an asylum seeker subject to a procedure at a Swiss airport has a designated legal representative, any decision transmitted by fax is deemed to be notified as soon as it is handed over to the service provider responsible for providing legal representation. This provider informs the designated legal representative of the notification on the same day.

In the case of an asylum seeker for whom no legal representative has been designated, any decision transmitted by fax is deemed to be notified as soon as it is handed over to the asylum seeker. The notification of a decision to a representative designated by the asylum seeker themselves is governed by Art. 3a.

If the asylum seeker has appointed a legal representative, the notification of a decision or the delivery of a communication is immediately announced to this representative. In this context, reference should be made to Art. 12a, para. 3, and Art. 13, para. 1, of the Asylum Act (LAsi), which govern the notification or delivery to asylum seekers.

Applicants who reside in a Confederation center and are represented by a legal representative must submit their applications in one of the official languages of the region to which the canton, where the center is located, belongs.

When spouses, registered partners, or a family apply for asylum, each person seeking asylum is entitled, provided they have the capacity for discernment, to have their individual grounds for asylum examined.

If there are concrete indications of gender-related persecution or if the situation in the country of origin allows the inference of such persecutions, the asylum seeker shall be heard by a person of the same sex.

When establishing the facts, the authorities are permitted to determine if the age claimed by the asylum seeker corresponds to their actual age by using scientific methods.

The activity of a trusted person exercised by the designated legal representative in the Confederation's center or at the airport begins after the asylum application is filed and lasts as long as the unaccompanied minor asylum seeker stays in said center or at the airport or until they reach the age of majority.

In a Dublin procedure, the activity of a trusted person exercised by the designated legal representative lasts until the unaccompanied minor asylum seeker is transferred to the competent Dublin State or becomes of age and also extends to the procedures mentioned in Arts. 76a and 80a of the Federal Act of December 16, 2005, on Foreign Nationals and Integration (LEI).

If the unaccompanied minor asylum seeker waives the designated legal representative in the Confederation's center or at the airport, this representative remains responsible, in the capacity of a trusted person, to defend the interests of said applicant.

A guardianship or caretaking is established in favor of an unaccompanied minor asylum seeker after allocation to the canton. If immediate action is not possible, the competent cantonal authority designates a trusted person without delay for the duration of the asylum and removal procedure; however, the mandate of this person ends with the appointment of a guardian or caretaker or upon the attainment of majority by the individual concerned.

If an unaccompanied minor asylum seeker no longer stays in the Confederation's center and has not been assigned to any canton, the designation of the trusted person is governed by Para. 2 quater. The duration of the activity of the trusted person is governed by Para. 2 bis for the Dublin procedure and Para. 2 quater for the accelerated procedure.

The trusted person must possess knowledge of asylum law, the law related to the Dublin procedure, and children's rights and must have experience working with minors. They guide and support the unaccompanied minor throughout the asylum or Dublin procedure and undertake the following tasks in particular: a. advice before and during hearings; b. support in indicating and obtaining evidence; c. assistance notably in communication with authorities and healthcare establishments.

The cantonal authority promptly communicates to the State Secretariat for Migration (SEM) or the Federal Administrative Court, as well as to the minors, the name of the designated trusted person and all protective measures taken.

Those responsible for hearing minor asylum seekers must consider the specific aspects of minority.

The SEM does not charge any fees for the services it provides to other federal authorities, nor to cantonal or municipal authorities, and it does not invoice any costs, insofar as these authorities themselves use these services.

The fee incurred by the procedure as per articles 111 b and 111 c LAsi amounts to 600 francs.

An additional charge of up to 50% of the fee may be applied for procedures of extraordinary duration or particular difficulty.

Special charges cannot be used to cover the advance of costs.

Insofar as this ordinance does not provide for a special regulation, the provisions of the general ordinance of September 8, 2004, on fees apply.

When a foreign national presents themselves to a cantonal or federal authority, the authority shall: a. record their full identity; b. assign them to a Confederation center referred to in Art. 24 of the Asylum Act (LAsi) or to a center managed by a canton or municipality pursuant to Art. 24d LAsi and inform the said center; c. issue them a pass.

The asylum seeker must report to the center to which they have been assigned in accordance with paragraph 1, letter b, no later than during the course of the following working day.

Asylum applications from persons who are in detention or serving a sentence must be addressed to the cantonal authorities.

Children under the age of 14 who have joined their parents in Switzerland shall file their asylum applications directly with the authorities of the canton in which their parents reside.

In the case of a person arriving in Switzerland by plane, the country from which the plane departed to come to Switzerland is considered as the country of direct entry into Switzerland.

The State Secretariat for Migration (SEM) may also authorize entry into Switzerland

a. when the asylum seeker has close ties with persons living in Switzerland, or

b. when Switzerland is responsible for conducting the asylum procedure under Regulation (EU) No 604/2013 and the asylum seeker did not travel directly from his or her State of origin or provenance to the Swiss border, but makes it plausible that he or she left that State for one of the reasons set out in Article 3, paragraph 1, Asylum Act (LAsi) and sought to reach the Swiss border without delay.

The SEM may authorize entry for humanitarian reasons even if Switzerland's responsibility to conduct the asylum procedure under Regulation (EU) No 604/2013 is not established.

The authority responsible for border control immediately communicates asylum applications submitted at a Swiss airport to the State Secretariat for Migration (SEM).

The Federal Department of Justice and Police (FDJP) issues an ordinance with provisions regarding the management of accommodations located at airports, particularly concerning the use of premises where asylum seekers stay, accommodation arrangements, room occupancy, opportunities for outdoor walks, and the safekeeping of items belonging to asylum seekers.

The SEM may enter into agreements concerning the management of federal accommodations with the competent authorities of Zurich-Kloten and Geneva-Cointrin airports or with third parties.

The Confederation centers enable the conduct of asylum procedures; deportations can be ordered and executed from these centers.

During their stay in a Confederation center, the asylum seeker must remain available to the authorities.

The maximum duration of 140 days for the stay in Confederation centers can be appropriately extended, particularly if additional investigative measures are necessary within the framework of the accelerated or Dublin procedures and can be undertaken shortly, or if the execution of deportation is imminent.

The SEM assigns an adult asylum seeker who is in a federal center and significantly threatens public security and order, or whose behavior significantly disrupts the operation and security of the federal center, to a specific center.

There is a significant disruption to the operation and security of a federal center notably when the asylum seeker: a. severely violates the internal regulations of the federal center, notably by possessing or keeping weapons or narcotics, or repeatedly violates an exit prohibition, or b. fails to comply with the behavioral directives of the federal center's staff and thereby harasses, threatens, or endangers other asylum seekers or the staff.

The SEM immediately informs the competent cantonal authority responsible for the assignment of a place of residence and the prohibition of entry into a designated region, as referred to in Art. 74, para. 1 bis, LEI, of the reasons for the assignment to a specific center.

The competent cantonal authority orders the assignment of a place of residence or the prohibition of entry into a designated region as necessitated by the accommodation in a specific center and immediately informs the SEM thereof.

The FDJP shall enact provisions in an ordinance concerning the operation of federal centers, notably the opening hours, right of access, conditions of entry, stay and departure, the search of asylum seekers, and the custody of their belongings.

The SEM may operate a video surveillance system inside and outside the buildings it manages within the framework of the asylum procedure, including federal centers and accommodations located at airports.

The use of video surveillance is prohibited in rooms, showers, and toilets, as well as in the offices of SEM employees or third parties to whom tasks have been delegated.

Visual and audio data are recorded on hard drives stored in a locked room, access to which is limited to authorized persons.

When circumstances suggest a threat against property or a person, the director or deputy director of the SEM may order an administrative investigation.

During a criminal investigation, recordings are physically handed over to the law enforcement authorities on an electronic medium.

Video surveillance is clearly indicated at all main and secondary entrances of the building.

Newly arrived asylum seekers or persons to be protected in a federal center or accommodation located at an airport are informed in writing, in a language they understand, about the existence of video surveillance and the purpose of processing the recorded data.

It is possible to conduct additional investigation measures in federal centers to verify the identity of the asylum seeker.

The summary hearing takes place, if necessary, in the presence of an interpreter. The minutes of the hearing are translated back to the asylum seeker and signed by all persons who participated in the hearing. The summary hearing may be replaced by the hearing on the grounds for asylum as defined in Art. 29 of the Asylum Act (LAsi).

During the preparatory phase, the State Secretariat for Migration (SEM) informs the asylum applicant of the applicable legal regulations if they assert a health impairment that could be decisive within the framework of the asylum and deportation procedures. The SEM provides them with a consent form for the transmission of relevant medical data to the competent authorities for the execution of the deportation.

The SEM, in agreement with the Federal Office of Public Health (FOPH), issues guidelines to delineate the medical examination referred to in Art. 26a, para. 2, of the Asylum Act (LAsi) in relation to the measures provided for by the Federal Act of 28 September 2012 on Combating Communicable Human Diseases.

During the hearing in the preparatory phase referred to in Art. 26, para. 3, of the Asylum Act (LAsi), the granting to the applicant of the right to be heard regarding their return to the Dublin State presumed responsible for the examination of their asylum application is added to the procedural steps mentioned in Art. 26, para. 2 and 4, LAsi.

When the preparatory phase is complete, the continuation of the procedure is governed by analogy with Art. 20c, let. g and h.

The accelerated procedure begins when the preparatory phase is completed. It includes, in particular, the following steps: a. preparation of the hearing on the grounds for asylum; b. hearing on the grounds for asylum or granting the right to be heard; c. any additional opinion from the legal representative; d. sorting: continuation of the accelerated procedure or transition to the extended procedure; e. drafting of the decision proposal; f. opinion of the legal representative on the negative decision proposal; g. final drafting of the decision; h. notification of the decision.

The cantons agree on the distribution of asylum seekers and take into account the special services of the cantons hosting Confederation centers or airports. If they cannot reach an agreement, the SEM arranges the distribution of asylum seekers among the cantons and allocates them, taking into account the special services of the cantons, according to paragraphs 2 to 6.

The SEM allocates to the cantons, in proportion to their population: a. asylum seekers whose applications are processed in the extended procedure; b. individuals granted asylum or provisionally admitted in the accelerated procedure; c. asylum seekers subject to an accelerated or Dublin procedure whose application has not yet resulted in any decision that has become final at the Confederation center upon the expiration of the maximum stay period referred to in Art. 24, paras. 4 and 5, Asylum Act (LAsi); d. asylum seekers in a particular situation mentioned in Art. 24, para. 6, LAsi.

The proportional allocation based on population is defined by the distribution key in Annex 3. This key is periodically verified by the SEM and adjusted if necessary by the FDJP.

If, in the cases mentioned in para. 2, items c and d, an initial decision on asylum or removal has already been made at the Confederation center, the concerned asylum seekers are, subject to Art. 34, allocated to the canton hosting the center. The same applies to asylum seekers undergoing a procedure at the airport whose asylum application has led to an asylum and removal decision upon the expiration of a 60-day period, but this decision has not yet become final. Compensation for said canton is governed by para. 5, item d.

The allocation of asylum seekers whose application is processed in the extended procedure results in the following deductions on the proportional share, as per Annex 3, of individuals to be managed in the extended procedure: a. 0.2 person per accommodation place in a Confederation center referred to in Art. 24, 24c, and 24d LAsi; b. 0.4 person per accommodation place in a specific center referred to in Art. 24a LAsi; c. 0.1 person per controlled and escorted departure from an airport; d. 0.15 person per individual assigned for the execution of their removal.

Each canton must take charge of at least 10% of its share, defined in Annex 3, of individuals in the extended procedure.

The SEM allocates asylum seekers to the cantons in proportion to their population, taking into account the presence of family members in Switzerland, nationality, and those who have special care needs.

The SEM will only decide to transfer an asylum seeker from one canton to another if both cantons involved consent, following a claim based on the principle of family unity or in the event of a serious threat to the individual concerned or to other persons.

The SEM assigns individuals whose departure has been ordered and whose asylum decision has become final to a federal center or airport, or whose asylum application has been recorded in a federal center or airport, to the canton hosting said center or airport for the purpose of enforcing departure. Article 34, paragraph 2, remains applicable.

The cantons designate the authority to which a person assigned or allocated to a canton must report within 24 hours after leaving the Confederation center or the airport.

The FDJP establishes the principles governing the preparation of asylum decisions in terms of substance and organization and regulates the exchange of information between the SEM and the cantons.

When an appeal is lodged against a decision prepared by a canton and the Federal Administrative Court orders an exchange of documents, the SEM may request the opinion of the canton.

Any person tasked by a canton with preparing asylum decisions is subject to the duty of diligence and the obligation to maintain confidentiality, just like the personnel of the Confederation. For technical matters, they must comply with the instructions of the SEM.

When conducting asylum applications, the SEM may request the opinion of the UNHCR.

Agreements concerning cooperation in establishing facts ensure compliance with Art. 98 of the Asylum Act (LAsi).

The SEM examines the competence for handling an asylum application according to the criteria established in Regulation (EU) No. 604/2013. If it emerges from this examination that another State is responsible for processing the asylum application, the SEM issues a decision of non-entry once the requested State has accepted the taking charge or taking back of the asylum seeker. The SEM may also handle the application for humanitarian reasons if it emerges from the examination that another State is competent. The procedure for taking charge or taking back the asylum seeker by the competent State is conducted in accordance with Regulation (EC) No. 1560/2003.

The reopening of the asylum procedure is recorded in an incidental decision.

If an asylum seeker has already been assigned to a canton in the context of a prior procedure, the canton in question remains competent in the event of the reopening of the procedure.

The SEM may issue a decision of non-admission to the procedure under Art. 31 a, para. 1, let. f, of the Asylum Act based on a decision regarding asylum and removal made by the competent Dublin State: a. if the decision on asylum and removal determines that the conditions for granting protection are not met, or b. if it is a decision of non-admission due to a subsequent application that contains no new elements.

The costs of executing the removal are reimbursed in accordance with Art. 7 of Directive 2001/40/EC and pursuant to Decision 2004/191/EC. The SEM serves as the contact point as defined by this decision.

The cantonal authority issues an N permit to asylum seekers who have been assigned to a canton; the validity of this document, limited to a maximum of one year, can be extended. In other cases, the asylum seeker receives a certificate. The N permit and the certificate exclusively attest to the filing of an asylum application and serve as identity documents before all federal and cantonal authorities. They do not authorize crossing the border.

The N permit does not confer any right of residence, regardless of the validity duration of this document.

The foreign national's N permit is withdrawn when they leave Switzerland, voluntarily or involuntarily, or when their residence status is regulated by the immigration authorities.

A deportation decision cannot be issued when the asylum seeker

a. holds a valid residence or settlement permit;

b. is subject to an extradition decision;

c. is subject to an expulsion decision in accordance with Art. 121, para. 2, of the Constitution or Art. 68 of the Foreign Nationals and Integration Act (LEI); or

d. is subject to an enforceable penal expulsion decision within the meaning of Art. 66a or 66abis of the Criminal Code or Art. 49a or 49abis of the Military Criminal Code of June 13, 1927.

For the cases mentioned in para. 1, let. c and d, the cantonal authority may request the opinion of the State Secretariat for Migration (SEM) on any potential impediments to the execution of the deportation.

The SEM designates in the deportation decision the canton that will be responsible for enforcing the deportation pursuant to Art. 46, para. 1 bis, LAsi.

It may designate in the deportation decision a different canton to enforce the deportation other than the one hosting the Confederation center, when the latter cannot exhaust the deductions referred to in Art. 21, para. 5.

In the event of a case referred to in para. 2, the cantons in a region may agree on other responsibilities for enforcing the deportation. After obtaining approval from the other cantons in the region, the canton thus designated to enforce the deportation informs the SEM of the scope and duration of its responsibility.

The Confederation reimburses the designated canton responsible for enforcing the deportation in lieu of the canton hosting the center for the costs related to departure pursuant to Arts. 54 to 61 of Ordinance 2 of August 11, 1999, on Asylum Financing (OA 2), the emergency aid flat-rate provided for in Art. 28 OA 2, as well as the flat-rate amount referred to in Art. 15 of the Ordinance of August 11, 1999, on the Enforcement of Removal and Expulsion of Foreigners.

The cantons thus designated to enforce deportations are entitled to the deductions referred to in Art. 21, para. 5.

If the canton hosting a Confederation center is overwhelmed with work due to a consistently high number of returns to be executed, the cantons within a region may support each other, with the understanding that the canton hosting the Confederation center shall always have the authority to execute the returns. If the deductions referred to in Art. 21, para. 5, are to be allocated to the cantons called upon to provide support, the cantons of the region shall inform the SEM as early as possible about the scope and duration of this allocation.

The cantonal authority shall communicate to the SEM, within 14 days, the executed penal expulsions and returns, departures conducted under supervision, observed unsupervised departures, and cases where the conditions of residence are regulated.

The cantons submit their requests for registration in the automated police search system directly to the Federal Office of Police.

The stay of a refugee in Switzerland is considered regular when the refugee complies with the provisions applicable to foreigners in general.

The stay is considered uninterrupted when, during the past two years, the refugee has not spent more than a total of six months abroad. In the case of a longer absence, the stay is only regarded as uninterrupted if it is justified by compelling reasons.

Refugee status is extended to the spouse, registered partner, or a parent of its beneficiary in accordance with Art. 51, para. 1, of the law, only if it has been determined, pursuant to Art. 5, that they do not personally meet the conditions set out in Art. 3.

The residency conditions of a person who has been granted asylum in Switzerland are regulated by the canton to which this person was assigned as an asylum seeker upon entering Switzerland. If, during the asylum procedure, said person has been assigned by the SEM to another canton in accordance with Art. 22, para. 2, the competence in this matter falls to the latter.

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The termination of asylum takes precedence over its revocation.

The cantonal authority may, before the execution of expulsion or criminal expulsion, request the SEM to determine if, in its opinion, any potential impediments would not prevent it.

Persons newly arriving in Switzerland who have been granted provisional protection in accordance with Art. 68, para. 1, or 69, para. 2, of the Asylum Act (LAsi) are assigned to the cantons in accordance with Art. 21, paras. 2 to 6. The distribution of these persons and that of asylum seekers are carried out separately. The assignment and any change of canton are governed by Art. 22, applied by analogy.

During the first five consecutive years following the granting of provisional protection, the persons to be protected receive an S permit, whose validity, limited to a maximum of one year, can be extended. This document serves as a legitimization document before all federal and cantonal authorities. However, it does not authorize them to cross the border.

The S permit does not confer any right of residence, regardless of the validity period of this document.

The foreign national shall have their S permit withdrawn if they leave Switzerland voluntarily or otherwise, or if their residency conditions are regulated by the foreign nationals' police.

Persons in need of protection holding a residence permit pursuant to Art. 33 of the Federal Act on Foreign Nationals and Integration (LEI) receive a B permit, issued for a maximum duration of one year. Subject to subparagraph 2, the canton of residence generally extends the validity of this document, each time for a maximum duration of one year.

The residence permit is only valid for the duration of temporary protection. It terminates on the date set by the Federal Council in its decision to lift temporary protection.

The stay of the foreign national until the execution of removal is, by analogy, governed by Arts. 42 and 43 of the Act.

The general decision to lift temporary protection is published in the Federal Gazette.

The right to be heard is generally exercised in writing.

By the decision of return, any pending application for recognition of refugee status becomes moot and must be dismissed.

The content of the removal decision must comply with Art. 45 of the law. The SEM shall specifically determine the deadline for departure.

The term "long period" generally means fifteen days.

A foreign national who, in accordance with Art. 29 of the Asylum Act (LAsi), has already been heard before obtaining provisional protection, shall not be subject to another hearing but has the opportunity to exercise their right to be heard. This right is generally exercised in writing.

During their stay at a federal center, an airport, or in a canton after being assigned to an extended procedure, the asylum seeker has access to independent legal advice and representation necessary for the execution of the asylum procedure.

The competent service providers and legal advice offices ensure that the quality necessary for the execution of the asylum procedure is maintained, in terms of both legal advice and representation.

When multiple service providers have been mandated and multiple legal advice offices have been authorized, the quality of the legal advice and representation must be ensured through appropriate coordination.

During their stay in a Confederation center or at the airport, the asylum seeker is informed within the framework of counseling pursuant to Art. 102 g of the Asylum Act about the possibility to file a complaint with the European Border and Coast Guard Agency (Agency) regarding violations of fundamental rights in connection with interventions by this agency.

The applicant is specifically informed about the complaint mechanism of the Agency referred to in Art. 111 of Regulation (EU) 2019/1896 and potential violations of fundamental rights enshrined in the Charter of Fundamental Rights of the European Union.

Mandated service providers ensure that the information is tailored to the needs of asylum seekers and is provided to them as soon as possible after they submit their application.

During the applicant's stay at the airport, they have access to legal advice regarding the asylum procedure. This advice includes, in particular, information on their rights and obligations during the airport procedure.

From the moment the asylum application is submitted and throughout the asylum procedure, the applicant is assigned a legal representative unless they expressly waive their right to one.

The designated legal representative must inform the applicant as soon as possible about their chances of success in the asylum procedure.

Legal representation is provided until the decision becomes final or until the applicant is authorized to enter Switzerland.

The legal representation ends when the designated legal representative informs the applicant that they are not willing to file an appeal because it would be destined to fail. This communication must occur as swiftly as possible after the notification of a negative asylum decision.

In addition to the tasks outlined in Art. 102 k, para. 1, let. a to g, of the Asylum Act (LAsi), the legal representative at the airport must also perform the following tasks: a. participate in the summary hearing in accordance with Art. 22, para. 1, LAsi; b. provide legal representation during the granting of the right to be heard in accordance with Art. 22, para. 4, LAsi; c. provide an opinion on the draft of the negative asylum decision in accordance with Art. 52.

If an asylum seeker claims that actions or inaction by the personnel involved in an Agency intervention have violated their fundamental rights, the designated legal representative assists and advises them, both in federal centers and at the airport, for the purpose of filing a written complaint according to Art. 111 of Regulation (EU) 2019/1896.

The advice and assistance referred to in para. 1 are provided until the date of the final transmission of the complaint to the Agency.

The SEM shall communicate to the service provider the dates of procedural steps in the Confederation center or at the airport that require the participation of the legal representative as soon as they are set, but at least one working day before the corresponding step is carried out.

It shall inform the service provider of the dates of the hearings on the reasons for asylum and the granting of the right to be heard within the framework of the accelerated procedure and the Dublin procedure in the Confederation centers at least two working days in advance.

The deadline for providing a position on the draft of a negative asylum decision expires on the next business day following the delivery of the draft to the service provider, at the same time.

In the context of the accelerated procedure and the airport procedure, SEM decisions referred to in Art. 31a, para. 1, let. a and c to f, and paras. 3 and 4, Asylum Act (LAsi) are considered as negative asylum decisions within the meaning of para. 1.

When the appointed legal representative in the Confederation center or at the airport is not willing to file an appeal because it would be destined to fail, they inform the asylum seeker about the other options for legal advice and representation.

During the initial interview preceding the allocation to a canton for the purpose of conducting the extended procedure, the appointed legal representative informs the asylum seeker of the continuation of the asylum procedure and the possibilities for legal advice and representation within the extended procedure framework.

Once assigned to a canton to conduct the extended procedure, the asylum seeker may contact the competent legal advice office of the assigned canton to receive advice or representation during the critical stages of the first instance procedure decisive for the asylum decision.

The asylum seeker may contact the competent legal advice office of their assigned canton for advice and assistance as per Art. 52 b bis.

The appointed legal representative at the Confederation center or at the airport may, as an exception, retain the authority to advise and represent the asylum seeker within the extended procedure if the following conditions are met: a. during the initial interview, the asylum seeker and the appointed legal representative determine that they share a particular relationship of trust; b. the service provider gives its consent; it may refuse consent especially if it lacks sufficient personnel resources.

The service provider must inform the SEM no later than when the asylum seeker leaves the Confederation center or airport, whether the appointed legal representative at the center remains available to the asylum seeker within the extended procedure.

If the asylum seeker waives the appointed legal representative, they may contact the competent legal advice office of the assigned canton to receive advice or representation during the critical stages of the first instance procedure decisive for the asylum decision.

If the legal representative appointed at the Confederation center or at the airport no longer assumes the said responsibility, they must immediately inform, with the asylum seeker's consent, the competent legal advisory office of the allocated canton of the current state of the procedure. With the asylum seeker's consent, the SEM communicates to the legal advisory office: a. the dates of the first instance procedure stages that are crucial for the asylum decision; b. the first instance asylum decision.

In the absence of the asylum seeker's consent pursuant to paragraph 1, the competent legal advisory office may forgo its activities if the asylum seeker does not timely inform it of the dates of the first instance procedure stages communicated by the SEM that are crucial for the asylum decision.

Considered as key stages in the first instance procedure for the asylum decision are the conducting of additional hearings on the grounds for asylum, the granting of the right to be heard, and the submission of elements that significantly contribute to establishing the facts.

The SEM shall communicate the dates of the hearings and the granting of the right to be heard orally in a timely manner to the service provider that has designated the legal representative or, pursuant to Art. 52g, para. 1, let. a, to the competent legal advice office. The service provider or the office shall immediately inform the person responsible for providing advice and representation.

These dates are considered to be communicated in a timely manner if they are brought to the attention of the service provider that has designated the legal representative or the competent legal advice office immediately after being determined, but at least ten working days in advance.

Upon request, the SEM shall decide on the authorization and designate the competent legal advisory office of the assigned canton.

Legal advisory offices that can demonstrate their capability to sustainably perform the tasks defined in Art. 102 l, para. 1, of the Asylum Act (LAsi) may be authorized. They must, in particular, have sufficient funding to maintain their activities long-term in the event of fluctuations in the number of asylum applications. To be authorized, they must possess legal knowledge, particularly in asylum law and procedural law, and experience in the field of counseling and legal representation of asylum seekers in Switzerland.

When assessing the conditions mentioned in para. 2, the SEM takes into account, among other factors: a. the proportion of legal representatives holding a university law degree or a bar association qualification; b. the duration of the legal advisory office’s existence; c. the quality assurance through regular professional contacts maintained by the said office with other legal advisory offices.

It concludes an agreement with the authorized legal advisory offices in which it sets the compensation they are to receive under Art. 102 l, para. 2, of the Asylum Act (LAsi).

The legal advice offices and the SEM engage in a regular exchange of information, particularly with the aim of coordinating tasks and ensuring quality.

Individuals referred to in Art. 102m, para. 3, may be authorized to provide court-appointed legal assistance, particularly when they meet the following conditions: a. they have the exercise of civil rights; b. they are not subject to any acts of bankruptcy nor to any criminal convictions incompatible with court-appointed legal assistance; c. they hold a university degree in law from a Swiss university or an equivalent foreign degree; d. they have been advising and providing legal representation to asylum seekers as their main activity for at least one year.

When an unaccompanied minor asylum seeker has neither a guardian nor a curator, nor even a legal representative, the first-instance decision must be notified to the individual concerned and to the person of trust. The appeal period begins to run the day following the latest notification of the said decision.

The State Secretariat for Migration (SEM) is competent to conclude international treaties for the adoption of implementing acts of the European Commission relating to Regulation (EU) 2024/1351, provided that these treaties are of minor importance within the meaning of Art. 7a of the Government and Administration Organization Act of March 21, 1997 (LOGA) and provided that the implementing acts are issued on the basis of the following provisions of Regulation (EU) 2024/1351 and pertain to the following areas: a. the standard form for the exchange of useful information between Dublin States to identify family members or relatives of an unaccompanied minor residing in the territory of another Dublin State (Art. 23, para. 7); b. the uniform methods for consultation and information exchange between Dublin States to determine the Dublin State responsible for examining the application of an unaccompanied minor (Art. 25, para. 7); c. the uniform methods for consultation and information exchange between Dublin States to determine the Dublin State responsible for examining the application of a dependent person (Art. 34, para. 4); d. the uniform methods for drafting and presenting requests for transfer (Art. 39, para. 3); e. the establishment and periodic revision of the two lists indicating the evidence and relevant indicators for determining competence in the execution of the asylum procedure (Art. 40, para. 4); f. the standard form for responses to a transfer request (Art. 40, para. 8); g. the uniform methods for drafting and presenting notifications for the purpose of taking charge (Art. 41, para. 5); h. the model travel pass for a transfer within the framework of a Dublin procedure (Art. 46, para. 1); i. the uniform methods for consultation and information exchange between Dublin States for a transfer within the framework of a Dublin procedure (Art. 46, para. 4); j. the standard form for the transmission of required data before a transfer within the framework of a Dublin procedure (Art. 48, para. 4); k. the model common health certificate (Art. 50, para. 1); l. the uniform methods for the exchange of health data before the execution of a transfer within the framework of a Dublin procedure (Art. 50, para. 5); m. secure electronic communication channels between the authorities responsible for Dublin procedures and between these authorities and the European Union Agency for Asylum (Art. 52, para. 4).

It is competent to conclude international treaties for the adoption of delegated acts of the European Commission relating to Regulation (EU) 2024/1351, provided that these treaties are of minor importance within the meaning of Art. 7a LOGA and provided that the delegated acts are issued on the basis of the following provisions of Regulation (EU) 2024/1351 and pertain to the following areas: a. the identification of family members, siblings, or relatives of unaccompanied minors (Art. 25, para. 6, pt. a); b. the criteria for establishing the existence of proven family ties concerning unaccompanied minors (Art. 25, para. 6, pt. b); c. the criteria for assessing the ability of a relative to care for an unaccompanied minor (Art. 25, para. 6, pt. c); d. the elements to be considered for evaluating a dependency link (Art. 34, para. 3, pt. a); e. the criteria for establishing the existence of proven family ties concerning dependent persons (Art. 34, para. 3, pt. b); f. the criteria for assessing the ability to care for a dependent person (Art. 34, para. 3, pt. c); g. the elements to be considered for assessing the inability to travel for an extended period (Art. 34, para. 3, pt. d).

Ordinance 1 of May 22, 1991, on Asylum is repealed.

The current law shall apply until the entry into force of Art. 21.

For all asylum applications submitted to a Swiss representation abroad before 29 September 2012, Art. 10 is applicable in its version of 12 December 2008.

Notwithstanding Art. 30, para. 1, the validity of N permits issued before 1 July 2021 is limited to a maximum of six months.

This ordinance, except for Art. 21, enters into force on 1 October 1999.

Art. 21 enters into force on 1 January 2000.

The duration of validity of the following provisions, previously limited to 28 September 2015, is extended until 28 September 2019: Art. 7a, paragraphs 2 and 3, 12, paragraph 2, 16b, 16c, 17, 18, 19, paragraph 1, 21, paragraph 3, 23, and 55b.

The duration of validity of the repeal of Arts. 9, 10, and 21, paragraph 2, previously limited to 28 September 2015, is extended until 28 September 2019.

In the year 2000, the canton of Geneva will be allocated 5.4% and the canton of Vaud 8.6% of the asylum seekers registered in the Confederation centers or in Swiss airports.