Meetings and Convocation (CCMA)

1. The Advisory Commission on Asylum Matters (hereinafter referred to as "the Commission") meets regularly as often as required for the fulfillment of the tasks entrusted to it, but at a minimum twice a year.

2. It is convened by the Chairperson.

3. The Chairperson presides over the meetings of the Commission and decides, if necessary, on the advisability of holding them.

1. The presidency establishes the agenda of the sessions.

2. Each member may request that one or more items be added to the agenda by notifying the presidency no later than 15 days before the scheduled date for the session.

3. The invitation, agenda, and documentation must, as a general rule, be sent to the members at least 10 days before the session.

1. When no consensus is reached during the discussion, the chairperson proposes to submit the matter to a vote.

2. In the event of a vote, the committee makes its recommendations by a simple majority of the members present.

3. In the case of a tie, the chairperson's vote is decisive.

1. In cases of urgency, the chairperson may propose to deliberate by circulating the proposal.

2. If any member does not agree with the proposal, the committee shall convene.

The sessions of the commission are not public.

Depending on the nature of the issues addressed, the committee may occasionally enlist the collaboration of individuals whose presence it deems necessary or desirable.

1. The secretariat of the commission is managed by the legal department of the migration service.

2. It transmits the minutes of the meeting within 15 days following the session.

The individual responsible for processing residence permit applications at the migration service, according to Articles 14, paragraph 2 of the Asylum Act (LAsi) [3] and 84, paragraph 5 of the Foreign Nationals and Integration Act (LEI) [4], attends the commission meetings to present the cases to be reviewed.

1. Decisions of the commission made on files take the form of an advisory opinion intended to guide the immigration service. They do not have the status of an administrative decision and are not binding.

2. The commission provides its advisory opinion based on the summary presented by the immigration service.

3. The advisory opinion of the commission is recorded in the minutes.

1. Members of the commission may have access to individual files related to proposals submitted to them for consideration by the migration service.

2. The consultation takes place, in principle, on the premises of the migration service during its business hours.

1. Members of the commission are required to keep confidential any facts that come to their knowledge in the course of their duties.

2. The minutes of the commission are confidential.

3. The processing and transmission of data obtained from reviewing individual files from the migration service are only conducted within the commission. The data obtained for providing an opinion are destroyed once the commission has given its final opinion.

Compensation for the presidency and representatives of charitable organizations, for their attendance and travel, is provided in accordance with the Order concerning attendance and travel allowances for members of administrative, advisory, examination, or expert commissions, dated December 26, 1972 [6].

1. This regulation shall enter into force on February 10, 2021.

2. It will be published in the Official Gazette and inserted into the Collection of Neuchâtel Legislation.