Ordinance on the Hardship Commission

¹ The Hardship Commission takes a position vis-à-vis the Migration Office on the following hardship requests

a. Requests from rejected asylum seekers and asylum seekers with a non-entry decision in cases according to Art. 14 para. 2 of the Asylum Act of 26 June 1998⁴,

b. Requests from foreign nationals who have been living here for several years and who have never gone through an asylum or foreign nationals law permit procedure in Switzerland in cases according to Art. 30 para. 1 lit. b of the Federal Act on Foreign Nationals of 16 December 2005³ ("sans papiers").

² The Security Directorate may submit general questions concerning asylum and foreign nationals law to the Commission.

**1. The Hardship Commission – Organisation**

1 The Hardship Commission comprises seven to nine members, including the President.

2 The Government Council appoints the members of the Commission for its term of office and designates the President.

3 The Commission shall consist of persons familiar with immigration and asylum law or possessing a legal education. The Commission should notably include representatives of the cantonal specialist office for integration issues, the cantonal church bodies, aid organisations, and the municipalities. Members of the Commission may neither undertake legal representation for asylum seekers themselves nor belong to organisations that offer such legal representation.

4 The members of the Commission shall receive compensation in accordance with § 55 para. 2 of the Ordinance on the Enforcement of the Personnel Act of 19 May 1999².

¹ The Hardship Commission shall adopt rules of procedure. Rules of procedure

2 It shall appoint a secretariat for administrative support.

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1

142.31 Ordinance on the Hardship Commission

Procedure

**1 The Migration Office provides the Hardship Commission with the complete files of the cases to be assessed by it and its own assessment.**

**2 The Commission decides based on the files.**

**3 It submits its written recommendation to the Migration Office.**

**4 If the Commission's recommendation deviates from the Office's assessment, the Head of the Department of Security decides. Their approval of the application is subject to the approval of the Federation.**

**Entry into force**

1 This Ordinance comes into force on 1 September 2009.

2 The Hardship Commission takes a position on applications that were submitted after the entry into force of this Ordinance.

2

1 OS 64, 243; for reasons, see ABI 2009, 676.

2 LS 177.111.

3 SR 142.20.

4 SR 142.31.