Temporary Ordinance on the Application of the Federal Act on Foreign Nationals (ALEtr), of January 28, 2008 - Purpose (AUG)

This order establishes the necessary provisions for the implementation of the Federal Act on Foreign Nationals (FNA) of December 16, 2005, until the enactment of the implementing legislation for the Federal Act on Foreign Nationals.

**Article 1: Migration Service as Cantonal Authority**

The migration service is the competent cantonal authority to order the detention of persons lacking a residence or settlement permit for the purpose of

a) notifying them of a decision regarding their residence status;

b) establishing their identity and nationality, provided that their cooperation is necessary,

within the meaning of Article 73 of the Foreign Nationals and Integration Act (FNIA).

The Migration Service ensures that the detained person is informed, in a language they understand

a) of the reason for their detention;

b) of the possibility to have the legality of the detention reviewed afterwards;

c) and of the possibility to contact the persons in charge of their supervision, should they need assistance.

If it is likely that the detention will exceed 24 hours, the immigration service ensures that the detained person has the opportunity to handle or have their urgent personal matters handled.

[3] The Migration Service is the competent cantonal authority to order detention pursuant to the Federal Act on Foreign Nationals.

[4] The Compulsory Measures Court is the competent cantonal judicial authority responsible for reviewing the legality and appropriateness of detentions imposed under the Federal Act on Foreign Nationals.

For the remainder, the Federal Act on Foreign Nationals, of December 16, 2005, and the Introductory Act to the Federal Act on the Residence and Establishment of Foreign Nationals (IARAFN), of November 12, 1996, are applicable.

This order shall come into force with retroactive effect as of January 1, 2008.

This decree shall be published in the Official Gazette.