Ordinance on the Introductory Act to the Foreign Nationals Law (Foreign Nationals Ordinance, AusV) (Ausländerverordnung, AusV) - Justice and Security Directorate (AusV)

1. The Department of Justice and Security exercises, subject to the powers of the Confederation and the Department of Health and Social Affairs, the management and supervision over the implementation of the Federal Act on Foreign Nationals and Integration (FNA) as well as the Asylum Act (AsylA).

1. Provided that the benefits for basic needs are not provided in the form of in-kind benefits, the daily allowance rates for persons in need of protection without a residence permit, as well as temporarily admitted persons, are set at the following amounts (deviation from Chapter C3.1. of the SKOS guidelines)

Household Size | Amount per Day and per Person in CHF | Amount per 30 Days and per Person in CHF | Amount per 31 Days and per Person in CHF

--- | --- | --- | ---

1 Person | 13.50 | 405.00 | 418.50

2 Persons | 12.55 | 376.50 | 389.05

3 Persons | 11.45 | 343.50 | 354.95

4 Persons or more | 10.20 | 306.00 | 316.20

2. Provided that the benefits for basic needs are not provided in the form of in-kind benefits, the daily allowance rates for asylum seekers are set at the following amounts (deviation from Chapter C3.1. of the SKOS guidelines)

Household Size | Amount per Day and per Person in CHF | Amount per 30 Days and per Person in CHF | Amount per 31 Days and per Person in CHF

--- | --- | --- | ---

1 Person | 12.00 | 360.00 | 372.00

2 Persons | 12.00 | 360.00 | 372.00

3 Persons or more | 10.00 | 300.00 | 310.00

1. The Health and Social Directorate exercises the leadership and supervision of the enforcement of immigration law in the areas of integration, as well as social and emergency assistance.

2. It operates the contact point for integration matters in accordance with Art. 57 AIG.

3. It concludes agreements with the State Secretariat for Migration (SEM) concerning integration programs.

1. The Office of Justice is responsible for all measures and decisions that are not expressly assigned to another authority.

2. ...

1. The Employment Office issues the labor market preliminary decisions required for the grant of an immigration permit according to Art. 40 para. 2 AIG.

2. It supports the competent authority in organizing and implementing programs and measures for professional integration.

1. The Office for Asylum and Refugees is responsible for decisions regarding economic social assistance for individuals pursuant to Article 28, paragraph 1 of the Social Assistance Act (Social Assistance Act, SHG).

2. Furthermore, it is specifically responsible for

1. the ordering of searches (Article 9 of the Asylum Act);

2. the immediate appointment of a confidant for unaccompanied minor asylum seekers (Article 17, paragraph 3 of the Asylum Act);

3. the allocation of a place of residence or accommodation (Article 28 of the Asylum Act);

4. the reduction of social assistance benefits (Article 83 of the Asylum Act);

5. asserting the right of recourse, insofar as the Confederation transfers this task to the cantons (Article 85 of the Asylum Act);

6. * ensuring financial assets for the purpose of reimbursement (Article 87 of the Asylum Act);

7. * integration programs for asylum seekers, persons in need of protection without residence permits, provisionally admitted persons, and refugees (Article 6, paragraphs 1 and 2 of the Implementing Act on Aliens' Law);

8. * informing the social authority of the municipal residence when the deadline according to Article 28, paragraph 1 of the SHG ends.

1. The Cantonal Police

1. * conducts investigations and searches on behalf of the cantonal authorities in accordance with Art. 70 of the Federal Act on Foreign Nationals and Integration (AIG) and Art. 9 of the Asylum Act (AsylG);

2. * executes the ordered arrests and presentations, and assists in the enforcement of coercive measures pursuant to Art. 73 et seq. of the AIG;

3. may be involved in detention proceedings for security purposes and to provide support;

4. * carries out identity checks in accordance with Art. 9 of the AIG;

5. * is responsible for the reporting procedure related to commercial accommodation pursuant to Art. 16 of the AIG in conjunction with Art. 29 of the Hospitality Act.

1. Social assistance for asylum seekers, persons in need of protection without a residence permit, and temporarily admitted persons generally covers housing costs, basic medical care, and the essential needs for subsistence.

2. Accommodation is primarily provided by the canton as an in-kind service. The canton may allocate the accommodation.

3. The coverage of essential needs deviates from the lump sum according to the guidelines of the Swiss Conference for Social Assistance. The deviations are listed in Appendix 1.

4. For social, linguistic, and professional integration, supplemental performance-based allowances may be granted.

5. Services may be provided in the form of in-kind benefits and supplemental daily cash benefits.

1. Emergency assistance, particularly for individuals with a legally binding expulsion order or a decision not to consider their asylum application, ensures the constitutionally guaranteed minimum for subsistence.

2. Accommodation is provided in kind by the canton.

3. The benefits to cover basic living needs are limited to the essential and are provided in the form of benefits in kind and potentially supplementary daily cash benefits.

1. The collection of fees is governed by the Ordinance on Fees under the Federal Act on Foreign Nationals (Fees Ordinance FNA, FeesO-FNA) as well as the fee legislation.

1. The canton charges the maximum fees in accordance with Art. 8 GebV-AIG.

2-3. ...

1. Lawfully demanded and paid fees shall not be refunded, even if the permit is not used, the duration of stay is shortened, or the permit is revoked or withdrawn.

1. Implementation Ordinance of December 19, 2000, to the Law on Taxes of the Canton and Municipalities (Tax Ordinance) is amended as follows: ...

1. All provisions conflicting with this regulation are hereby repealed, specifically

1. the Introductory Regulation of August 20, 1998, concerning federal legislation on the limitation of the number of foreigners (Guest Worker Regulation);

2. the Regulation of October 20, 1998, regarding the fees in accordance with the Federal Act on the Residence and Settlement of Foreigners (ANAG Fee Schedule).

1. This regulation shall enter into force on October 1, 2008.