Author
National forms of protection
In Switzerland, there is a national status called temporary admission (F permit). If the removal is either unlawful, unreasonable or impossible, the applicant will be admitted to temporarily reside in Switzerland. A temporary admission constitutes a substitute measure for a removal that cannot be executed and will be granted automatically with the negative asylum decision.
Recognised refugees (temporary admission as a refugee) (F permit)
If a person who qualifies as a refugee under international law has no grounds to be considered a refugee under the Swiss Asylum Act, the SEM will reject the asylum application and it will issue a formal order for expulsion from Switzerland. Under international law, however, expulsion in this case is inadmissible since Article 33 (1) of the Geneva Refugee Convention establishes the «non-refoulement principle» (no expulsion if there is a risk of persecution). Therefore, the expulsion will be postponed and the person may temporarily be admitted into Switzerland as a refugee. This person will receive an F permit noting their refugee status, the permit is valid one year. Temporary admitted refugees have all the rights foreseen in the Geneva Refugee Convention, additionally to their rights as temporary admitted person. Additionally to the F permit, temporary admitted refugees are provided with a passport for refugees which allows them to travel.
Temporarily admitted foreigners (F permit)
The SEM will reject the asylum application if the asylum seeker’s persecution in their country makes them ineligible for asylum and does not meet the status of a refugee under the Geneva Refugee Convention. However, the SEM will issue an order for temporary admission if it subsequently concludes that a return to the country of origin is unlawful, unreasonable or impossible, e.g. due to an ongoing conflict. The asylum seeker will receive an F permit as a foreigner. The F permit for foreigners is valid one year and serves as identification within Switzerland but does not allow to travel abroad.
The scope of the temporary admission as foreseen in national law exceeds the scope of the subsidiary protection foreseen by the EU recast Qualification Directive, as it covers both persons whose removal would constitute a breach of international law, as well as persons who cannot be removed for humanitarian reasons (for example medical reasons). The term “international protection” includes the temporary admission status in cases in which the status is granted on the ground that the removal is either contrary to international law or not reasonable because of a situation of war or generalised violence (but not a temporary admission based on medical grounds).[1]
An overview of the rights attached to each F permit can be found on the website of the SRC in French and German as well as in the specific section in the chapter Content of international protection in this report.
Return procedure
In case of a negative asylum decision without granting a temporary admission, the asylum decision is also a return decision. A possible appeal can be made on the point of asylum and on the point of the lawfulness, reasonability or impossibility of the return.
[1] FAC, ATAF 2015/18.