604/2013, known as "Dublin III", which determines which member state is responsible for processing an asylum application from a third-country national.
The federal centers are divided into regions or cantons, with one FAC handling procedural tasks, while others deal mainly with accommodation.
[9] A first consultation takes place to inform the applicant of his or her rights and obligations during the asylum procedure, along with interviews with legal assistants and SEM authorities.
[10] In the case of the accelerated procedure, which must be completed in 140 days maximum, the SEM interviews the applicant and examines the evidence to determine whether asylum can be granted.
[13] The State Secretariat for Migration (SEM) takes gender into account when examining asylum applications, as women and sexual minorities are persecuted as a social group.
[14] In the Swiss case, the danger to life, physical integrity or freedom, as well as measures resulting in unbearable psychological pressure, are considered sufficient reasons to apply for refugee status.
[16] Thus, civilians fleeing a conflict situation do not in principle have refugee status if they are not personally threatened due to their membership of a group or their political opinions.
Following a proposal by the Federal Council,[17] Switzerland grants Ukrainians fleeing the Russian-Ukrainian war of 2022 protection status S, which has never been activated until now.
[19] In view of the Taliban's return to power in August 2021, the FDJP is granting asylum to a contingent of 218 Afghan nationals.
[22] Provisional protection is automatically renewed every 12 months, but can be lifted at any time by the Confederation when the reasons for granting it have ended, generally when peace is restored in the applicant's region of origin.
[30] When the SEM issues a decision of non-entrée en matière (demand rejected) or Dublin procedure, the time limit for appeal is five days.
They can submit new evidence that they were unable to obtain at the time of their application, invoke new facts that would render their removal unjustifiable under Article 4 of the Asylum Act, or invoke case law that has since forced the SEM to grant refugee status or provisional protection on grounds previously deemed insufficient.
[33] For applications to extend refugee permits obtained through family reunification, the Foreign Nationals and Integration Ac (FNIA) of 2005,[3] the Asylum Act (AsylA)[2] and the Ordinance of October 24, 2007 on Admission, Residence and Gainful Employment (VZAE) apply.
It is only possible to apply for an extension if all the following conditions are met: Family reunification is also possible for the spouse and unmarried children under 18 of provisionally admitted persons.
Divorce does not necessarily imply a return to the country of origin for a person who has joined a spouse through family reunification.
[37] Everyone has the right to file for divorce unilaterally, provided they meet the conditions attached to the application, or by mutual consent of the spouses.
44 FNIA may be extended after dissolution of the marriage or family if the conjugal union has lasted at least three years with a common household, or if continued residence in Switzerland is required for major personal reasons.
[43] In order to prove domestic violence, if it is invoked as a serious motive, the following documents, in particular, must be provided as evidence for the application: a. medical certificates; b. police reports; c. criminal complaints; d. measures pursuant to art.
[47] If waiting too long for a decision on a residence permit makes it impossible to take certain important steps, it is possible to request an attestation legitimizing the stay in Switzerland from the authority where the application was made.