Ordinance on Asylum (OAs) - Subject Matter (ASV)

1. This ordinance regulates the duties of the cantonal authorities responsible for the enforcement of federal law in the field of asylum.

1. Tasks Provided for Under Federal Law in the Area of Welfare May Be Delegated to Private Institutions.

1. In the event of extraordinary circumstances, the state may, according to the civil protection legislation, instruct the municipalities to provide accommodation for asylum seekers or those in need of protection.

2. The costs shall be borne by the state.

1. The State Council has the following powers

a) It decides on the purchase and construction of buildings for the accommodation of persons subject to federal asylum legislation.

b) It orders the necessary measures in extraordinary circumstances.

c) It decides on the services provided by municipalities in extraordinary circumstances.

d) It may establish a cantonal advisory center for return.

e) It designates the body responsible for representing the interests of unaccompanied minor asylum seekers (trusted person).

f) It may contract private institutions to perform certain tasks in the field of welfare.

g) It may enter into agreements with other cantons for the joint fulfillment of federally mandated tasks in the field of asylum.

1. The Directorate of Security, Justice, and Sport (the Directorate) is responsible for the implementation of federal law in matters of asylum, subject to the powers of the Directorate of Health and Social Affairs. It utilizes the Office for Population and Migration for this purpose.

2. It plans the appropriate measures for exceptional circumstances.

3 ...

1. The Directorate for Health and Social Affairs is responsible for all measures in the field of social assistance and healthcare, particularly for the admission, care, and health insurance of individuals who fall under the federal legislation on asylum.

2. It issues standards for material assistance based on the legislation on asylum.

1. The Office for Population and Migration is the cantonal authority responsible for asylum matters, except for those powers that are assigned to another authority by this regulation.

2. It has, in particular, the following powers

a) It receives asylum applications from individuals who hold a residence or settlement permit and notifies the competent federal authority.

b) It receives persons subject to asylum legislation and informs the affected authorities and institutions.

c) It assigns asylum seekers or individuals seeking temporary protection, who do not hold a residence or settlement permit, to a reception center.

d) It hears the applicants and forwards the files to the competent federal authority.

e) It regulates the conditions of presence for those in need of protection and refugees who have been granted asylum.

f) It enforces deportations ordered by the competent federal authority.

g) It submits cases of severe personal hardship to the federal authority for approval.

h) In other situations, it may submit a request to the federal authority for temporary admission.

i) It grants preliminary permission to engage in gainful employment.

ibis) It receives applications for inclusion in temporary admission and forwards them with its opinion to the federal authority.

j) It provides comments on cantonal employment programs.

3. It has its own department that examines the conditions for engaging in gainful employment. At the request of the affected parties, it may restrict the employment to certain economic sectors or specific professions.

1. The Cantonal Social Office provides welfare services for persons residing in the canton based on federal legislation on asylum and cantonal legislation on social assistance; it may issue necessary directives or recommendations as required.

2. Furthermore, it has the following authorities

a) It may assign a place of residence and accommodation to persons residing in the canton, with the exception of refugees who possess a permanent residence permit; it may request police assistance to enforce the corresponding orders.

b) It reimburses municipalities for the services they have provided in cases of extraordinary circumstances.

c) It regulates, together with the competent federal authority, the financial matters concerning social assistance and health care.

d) It performs the functions of the coordination office as defined by the Asylum Ordinance 2.

1. The Cantonal Medical Office organizes the health examination of applicants and individuals in need of protection who have not been examined upon entry into Switzerland. It orders any necessary disinfection.

2. The result of the examination is recorded in a medical report.

3. To fulfill these tasks, the Cantonal Medical Office may utilize the medical services of private institutions.

1. The Cantonal Police conducts the search of asylum applicants in the cases provided for by federal legislation on asylum matters and takes the necessary measures for their identification, provided this has not already been done at a reception center or in another canton.

2. These measures are ordered by the Office for Population and Migration.

1. Decisions made in the application of this regulation may be contested by appeal according to the law on administrative justice.

2. However, before appealing decisions made by private institutions fulfilling specific tasks in the field of asylum, an objection must first be raised with the Directorate for Health and Social Affairs.

1. The Implementation Order of July 8, 1988, concerning the Federal Asylum Act (SGF 114.23.11) is hereby repealed.

1. This regulation shall enter into force on January 1, 2003.