Refugee Status in Switzerland: Asylum Procedure

Refugee Definition (art. 3 AsylA)

A person exposed to or justifiably fearing serious prejudice in their home country due to race, religion, nationality, social group membership or political opinions. Serious prejudice includes danger to life, bodily integrity or freedom, and measures causing unbearable psychological pressure.

Procedure

Accelerated and Extended

Since 2019: accelerated procedure in a Federal Asylum Centre (~140 days). Complex cases transferred to extended procedure in a canton.

Interviews

Summary interview (art. 26 para. 2 AsylA): identity, travel route, reasons. In-depth interview (art. 29 AsylA): detailed account of persecution. Interpreter and, in accelerated procedure, a legal representative (art. 102f et seq. AsylA) are provided.

SEM Decision

Granting asylum: if art. 3 AsylA conditions met. Recognised refugee receives B permit (art. 60 AsylA), may work, travel and bring family (art. 51 AsylA).

Rejection with provisional admission: if removal is unlawful, unreasonable or impossible. F permit (art. 83 FNIA) with limited rights.

Non-consideration: if another Dublin state is responsible (art. 31a AsylA) or safe third country available.

Exclusion Grounds

Unworthiness (art. 53 AsylA): compromising Swiss security or committing reprehensible acts. Post-flight subjective motives (art. 3 para. 3 AsylA): generally not qualifying unless expressing a conviction already manifested in the home country.

Remedies

Appeal to FAC within 30 days (art. 108 para. 1 AsylA). In accelerated procedure: seven working days (art. 108 para. 2 AsylA). Suspensive effect except for Dublin non-consideration decisions.