Asylum law in Switzerland
overview of the right for asylum in Switzerland
Asylum law in Switzerland is the responsibility of the Swiss Confederation, while the cantons are responsible for implementing the decisions of the State Secretariat for Migration (SEM).
Legal basis
Asylum law in Switzerland is governed by the Asylum Act of 1998 (AsylA), the Foreign Nationals and Integration Act of 2005 (FNIA) and the Geneva Convention of July 28, 1951. Switzerland applies Regulation (EU) no. 604/2013, known as "Dublin III", which determines which member state is responsible for processing an asylum application from a third-country national.
The cantonal laws and implementing regulations specify the role of the organizations responsible for helping migrants. In the canton of Vaud, for example, the Etablissement Vaudois d'Accueil des Migrants (EVAM) operates under the Law on Assistance to Asylum Seekers and Certain Categories of Foreigners, as well as other cantonal acts governing social assistance and the integration of foreigners.
Asylum application
Anyone can submit an asylum application at a border crossing, at a Swiss airport checkpoint or at a confederation center. Filing an asylum application on Swiss territory entitles the applicant to remain in the country throughout the first-instance procedure and any ordinary appeal.
Federal Asylum Centres (FAC)
Anyone applying for asylum in Switzerland is automatically directed to one of the FACs, where he or she will be taken into care for a period of 140 days, after which he or she will be allocated to a canton responsible for providing accommodation and subsistence until a decision is reached on the asylum application.
The federal centers are divided into regions or cantons, with one FAC handling procedural tasks, while others deal mainly with accommodation.
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