The Federal Authorities
of the Swiss Confederation

142.31

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Asylum Act

(AsylA)

of 26 June 1998 (Status as of 1 February 2014)

The Federal Assembly of the Swiss Confederation,

based on Article 121 of the Federal Constitution1,2

and having considered the Dispatch of the Federal Council of 4 December 19953,

decrees:

Chapter 1: Principles

Art. 1 Subject matter

Art. 2 Asylum

Art. 3 Definition of the term refugee

Art. 4 Granting temporary protection

Art. 5 Ban on refoulement

Art. 6 Procedural principles

Chapter 2: Asylum Seekers

Section 1: General Provisions

Art. 6a Competent authority

Art. 7 Proof of refugee status

Art. 8 Duty to cooperate

Art. 9 Search

Art. 10 Seizure and confiscation of documents

Art. 11 Hearing of the evidence

Art. 12 Address for service

Art. 13 Notification and statement of grounds for rulings and decisions

Art. 14 Issues relative to the procedure for foreign nationals

Art. 15 Intercantonal offices

Art. 16 Procedural language

Art. 17 Special procedural provisions

Art. 17a Fees for services

Art. 17b

Section 2: Application for Asylum and Entry

Art. 18 Application for asylum

Art. 19 Filing an application

Art. 20

Art. 21 Application for asylum made at the border, following detention in the vicinity of the border, on illegal entry or within Switzerland

Art. 22 Procedure at the airport

Art. 23 Decisions at the airport

Art. 24

Section 3: Procedure at First Instance

Art. 25

Art. 25a Advisory preliminary meeting

Art. 26 Reception and processing centres, preparatory phase

Art. 26bis Establishing medical condition

Art. 26a Use of federal installations and buildings to accommodate asylum seekers

Art. 27 Allocation to the cantons

Art. 28 Allocation of a place of stay and accommodation

Art. 29 Hearing on the grounds for asylum

Art. 29a Cooperation in establishing the circumstances

Art. 30 Representation of the charitable organisations

Art. 31 Preparation of decisions by the cantons

Art. 31a FOM decisions

Art. 3235

Art. 35a

Art. 36 Procedure prior to a decision

Art. 37 Procedural deadlines in the first instance

Art. 37a Grounds

Art. 37b FOM processing strategy

Art. 38

Art. 39 Granting temporary protection

Art. 40 Rejection without further investigations

Art. 41

Art. 41a Coordination with the extradition proceedings

Section 4: Status of Asylum Seekers during the Procedure

Art. 42 Stay during the asylum procedure

Art. 43 Authorisation to engage in gainful employment

Section 5: Enforcement of Removal Orders and Alternative Measures4

Art. 44 Removal and temporary admission

Art. 44a

Art. 45 Removal order

Art. 46 Enforcement by the cantons

Art. 47 Measures where the place of stay is unknown

Art. 48 Cantonal cooperation

Chapter 3: Granting of Asylum and Legal Status of Refugees

Section 1: Granting of Asylum

Art. 49 Principle

Art. 50 Country of second asylum

Art. 51 Family asylum

Art. 52 Admission to a third country

Art. 53 Unworthiness of refugee status

Art. 54 Subjective post-flight grounds

Art. 55 Exceptional situations

Section 2: Asylum for Groups

Art. 56 Decision

Art. 57 Allocation and initial integration

Section 3: Legal Status of Refugees

Art. 58 Principle

Art. 59 Effect

Art. 60 Regulation of stay

Art. 61 Gainful employment

Art. 62 Medical examinations

Section 4: Termination of Asylum

Art. 63 Revocation

Art. 64 Expiry

Art. 65 Removal or expulsion

Chapter 4: Granting Temporary Protection and the Legal Status of Persons in Need of Protection

Section 1: General Provisions

Art. 66 Policy decision of the Federal Council

Art. 67 Foreign policy measures

Section 2: Procedure

Art. 68 Persons in need of protection abroad

Art. 69 Persons in need of protection at the border or in Switzerland

Art. 70 Resumption of the procedure for recognition as a refugee

Art. 71 Granting temporary protection to families

Art. 72 Procedure

Art. 73 Grounds for rejection

Section 3: Legal Status

Art. 74 Regulation of stay

Art. 75 Authorisation to engage in gainful employment

Section 4: Termination of the Temporary Protection and Return

Art. 76 Withdrawal of temporary protection and removal

Art. 77 Return

Art. 78 Revocation

Art. 79 Expiry

Art. 79a Registered partnership

Chapter 5: Social Assistance and Emergency Aid5

Section 1: Payment of Social Benefits, Emergency Aid and Child Allowances6

Art. 80 Responsibility

Art. 81 Right to social benefits or to emergency aid

Art. 82 Social benefits and emergency aid

Art. 82a Health insurance for asylum seekers and persons in need of protection without a residence permit

Art. 83 Restrictions of social benefits

Art. 83a Requirements for the payment of emergency aid

Art. 84 Child allowances

Section 2: Duty to Reimburse and Special Charge7

Art. 85 Duty to reimburse

Art. 86 Special charge

Art. 87 Confiscation of assets

Chapter 6: Federal Subsidies

Art. 88 Flat-rate compensatory payments

Art. 89 Determination of the flat-rate payments

Art. 89a Duty to cooperate for recipients of subsidies

Art. 90 Funding of collective accommodation

Art. 91 Further subsidies

Art. 92 Entry and departure costs

Art. 93 Return assistance and prevention of irregular migration

Art. 94 Contributions to charitable organisations

Art. 95 Supervision

Chapter 7: Processing of Personal Data

Section 1: Principles8

Art. 96 Processing of personal data

Art. 97 Disclosure of personal data to the native country or country of origin

Art. 98 Disclosure of personal data to third countries and international organisations

Art. 98a Cooperation with the prosecution authorities

Art. 98b Biometric data

Art. 99 Taking and evaluating fingerprints

Section 1a.:9 Information System for Reception and Procedure Centres and Airport Accommodation

Art. 99a Principles

Art. 99b Data processing in MIDES

Art. 99c Authorised third parties

Art. 99d Supervision and implementation

Section 1b.: Other Information Systems10

Art. 100 Information system of the appeal authorities

Art. 101

Art. 102 Information and documentation system

Art. 102a Statistics on recipients of social assistance

Section 2:11 Data Processing under the Dublin Association Agremeents

Art. 102abis Eurodac

Art. 102b Disclosure of personal data to a state bound by one of the Dublin Association Agreements

Art. 102c Disclosure of personal data to a state not bound by any of the Dublin Association Agreements

Art. 102d

Art. 102e Right to information

Art. 102f and Art. 102g

Chapter 8: Legal Protection, Re-examination and Multiple Applications12

Section 1: Appeal Proceedings at Cantonal Level

Art. 103

Section 2: Appeal Proceedings at Federal Level

Art. 104

Art. 105 Appeals against FOM rulings

Art. 106 Grounds for appeal

Art. 107 Contestable interim rulings

Art. 107a Dublin procedure

Art. 108 Time limits for appeals

Art. 108a Coordination with the extradition proceedings

Art. 109 Time limits for decisions

Art. 109a Exchange of information

Art. 109b Federal Administrative Court processing strategy

Art. 110 Procedural time limits

Art. 110a Legal aid

Art. 111 Competence of a single judge

Art. 111a Procedure and decision

Section 3: Re-examination and Multiple Applications13

Art. 111b Re-examination

Art. 111c Multiple applications

Art. 111d Fees

Art. 112

Section 4: Stop and Suspension of Limitation Periods14

Art. 112a

Chapter 8a: Asylum Proceedings in Test Phases15

Art. 112b

Chapter 9: International Cooperation16

Art. 113

Art. 114

Chapter 10: Criminal Provisions17

Section 1: Criminal Provisions relative to Chapter 5 Section 218

Art. 115 Misdemeanours

Art. 116 Contraventions

Art. 116a Disciplinary fine

Art. 117 Misdemeanours and contraventions in business operations

Section 2:19 Criminal Provisions relative to Chapter 7 Section 2

Art. 117a Improper processing of personal data

Section 3: Prosecution20

Art. 118

Chapter 11: Final Provisions

Art. 119 Implementation

Art. 120 Repeal of existing legislation

Art. 121 Transitional provisions

Art. 122 Relationship with the Federal Decree of 26 June 1998 on Emergency Measures in the Sphere of Asylum and Foreign Nationals

Art. 123 Referendum and commencement

Commencement date: 1 October 199921

Final Provisions to the Amendment of 19 December 200322

1 The previous law in accordance with Article 37 applies to the time limit for processing applications for asylum that are filed before the commencement of this amendment to the Act.

2 Article 50 of the Federal Administrative Procedure Act applies to time limits for filing appeals against decisions to dismiss an application in the first instance in accordance with Articles 32–34 that are issued before the commencement of this amendment to the Act23.

3 The previous law in accordance with Article 109 applies to appeals against decisions to dismiss an application in accordance with Articles 32–34 that is filed before the commencement of this amendment to the Act.

4 Articles 44a and 88 paragraph 1bis also apply to decisions to dismiss an application in accordance with Articles 32–34 that became legally binding before the commencement of this Act. The cantons shall, however, receive support for nine months at the most after the commencement of this amendment to the Act in accordance with Article 88 paragraph 1, provided the Federal Office for Refugees supported the cantons in the implementation of the deportation until the commencement of this amendment to the Act.

Transitional Provisions to the Amendment of 16 December 200524

1 The new law applies to the procedures pending on commencement of this amendment to the Act.

2 If there are grounds for a final account before the commencement of this amendment to the Act in accordance with Article 87 in the version of 26 June 199825, the settlement and the balancing of the account shall be carried out in accordance with current legislation.

3 The Federal Council shall regulate the settlement procedures; it determines to what extent and how long persons who were gainfully employed before the commencement of this amendment to the Act and for whom there was no intermediate or final account in accordance with paragraph 2 at the in the time of the commencement of this amendment to the Act must pay a special charge and to which extent and how long their assets are distrained.

4 The Confederation shall make a single flat-rate payment of 15,000 francs to the cantons for each person for whom the decision to grant asylum or the deportation decision became legally binding before the commencement of this amendment to the Act, provided these persons have not yet left Switzerland.

Transitional Provision to the Amendment of 28 September 201226

Articles 12, 19, 20, 41 paragraph 2, 52 and 68 apply in their previous versions to asylum applications that are filed abroad before the amendment to this Act of 28 September 2012 comes into force.

Transitional Provisions to the Amendment of 14 December 201227

1 Subject to paragraphs 2–4, the new law applies to proceedings pending when the Amendment to this Act of 14 December 2012 comes into force.

2 The previous law as of 1 January 2008 applies to re-examination and multiple application proceedings pending when the Amendment to this Act of 14 December 2012 comes into force. Paragraph 1 applies to Article 43 paragraph 2 and 82 paragraph 2.

3 Airport operators are responsible for making accommodation at the airport in accordance with Article 22 paragraph 3 available within two years of the Amendment to this Act of 14 December 2012 coming into force.

4 Asylum applications filed before the Amendment to this Act of 14 December 2012 comes into force are governed by Article 17 and 26 of the previous law. Article 26bis does not apply to asylum proceedings pending when the Amendment of 14 December 2012 comes into force. Article 110a does not apply to appeal proceedings pending when the Amendment of 14 December 2012 comes into force.

5 Revocation of asylum or the deprivation of refugee status does not apply to persons recognised as refugees under Article 51 of the previous law.


Annex 1
- Dublin Association Agreements

Annex 2
- Amendment of Current Legislation


 AS 1999 2262


1 SR 101
2 Amended by No I 1 of the Federal Act of 1 October 2010 on the Coordination of Asylum and Extradition Proceedings, in force since 1 April 2011 (AS 2011 925; BBl 2010 1467).
3 BBl 1996 II 1
4 Amended by No I of the Federal Act of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
5 Amended by No I of the Federal Act of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
6 Amended by No I of the Federal Act of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
7 Amended by No I of the Federal Act of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 2002 6845).
8 Inserted by Art. 3 No 2 of the Federal Decree of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with Schengen and Dublin, in force since 12 Dec. 2008 (SR 362; AS 2008 5405 Art. 1 let. a).
9 Inserted by the Annex to the Federal Act of 18 June 2010 (Automated Border Controls, Documentation Advisers, MIDES Information System), in force since 1 Jan. 2011 (AS 2010 5755; BBl 2009 8881).
10 Inserted by the Annex to the Federal Act of 18 June 2010 (Automated Border Controls, Documentation Advisers, MIDES Information System), in force since 1 Jan. 2011 (AS 2010 5755; BBl 2009 8881).
11 Inserted by Art. 3 No 2 of the Federal Decree of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with Schengen and Dublin, in force since 12 Dec. 2008 (SR 362; AS 2008 5405 Art. 1 let. a).
12 Amended by No I of the Federal Act of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
13 Inserted by No I of the Federal Act of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
14 Inserted by No I of the Federal Act of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
15 Inserted by No I of the Federal Act of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
16 Amended by No I of the Federal Act of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).
17 Amended by Art. 3 No 2 of the Federal Decree of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with Schengen and Dublin, in force since 12 Dec. 2008 (SR 362; AS 2008 5405 Art. 1 let. a).
18 Inserted by Art. 3 No 2 of the Federal Decree of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with Schengen and Dublin, in force since 12 Dec. 2008 (SR 362; AS 2008 5405 Art. 1 let. a).
19 Inserted by Art. 3 No 2 of the Federal Decree of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with Schengen and Dublin, in force since 12 Dec. 2008 (SR 362; AS 2008 5405 Art. 1 let. a).
20 Inserted by Art. 3 No 2 of the Federal Decree of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with Schengen and Dublin, in force since 12 Dec. 2008 (SR 362; AS 2008 5405 Art. 1 let. a).
21 Federal Council Decree of 11 Aug. 1999 (AS 1999 2298; BBl 1996 II 1).
22 AS 2004 1633; BBl 2003 5615
23 SR 172.021
24 AS 2006 4745, 2007 5573; BBl 2002 6845. para. 1 in force since 1 Jan. 2007 and paras. 2–4 in force since 1 Jan. 2008.
25 AS 1999 2262
26 AS 2012 5359; BBl 2010 4455, 2011 7325
27 AS 2013 4375 5357; BBl 2010 4455, 2011 7325

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

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