Subsequent applications

Switzerland

Country Report: Subsequent applications Last updated: 30/11/20

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Swiss Refugee Council Visit Website

The Asylum Act provides a specific procedure for subsequent applications. The procedure is described in Articles 111c AsylA and 111d AsylA (regarding the costs) and in Article 7c AO1 (procedural aspects). Every application submitted within 5 years since the asylum decision or removal order became legally binding is considered subsequent application. As such it must be submitted in writing and include a statement of the grounds.

The responsible authority is the SEM, as in cases of first applications in the regular procedure. The procedure remains the same even with more than one subsequent application during the 5-year period after the asylum decision or removal order has become legally binding, except for unmotivated or repeated subsequent applications with the same motivation, discussed below.

The subsequent application should not be confused with a request for re-examination. An application is to be treated as a subsequent asylum application if there are significant reasons which have an impact considering the examination of refugee status. On the other hand, if the new application is not based on grounds regarding refugee status, but only regarding obstacles to return (for example medical reasons), it is treated as a request for re-examination. The distinction is difficult in practice, even for persons specialised in the field of asylum.

There is no obligation for the SEM to provide a personal interview. Nevertheless, it has the duty to examine all arguments carefully and individually.[1]

Unlike in the regular procedure, during the examination time of the application, the asylum seeker is not allowed to stay in the asylum centres. The application does also not have suspensive effect, but the SEM would grant this effect if it starts examining the application in detail. In practice, the deportation will be suspended pending the first opinion of the SEM on the subsequent application.

Unmotivated or repeated subsequent applications with the same motivation will be dismissed without a formal decision. The Federal Administrative Court has clarified that, normally, there is no legal remedy to appeal this dismissal decision.[2] However, if the SEM has applied this provision incorrectly, there is the right to an effective remedy for denial of justice.[3]

The legal advisory offices in the cantons can be asked for help in the procedure of a subsequent application. Their legal assistance will depend on their capacities and their estimation of the prospects of success.

The number of persons lodging subsequent applications in 2019 was as follows:

Subsequent applicants in Switzerland: 2019

Main countries of origin

Number of applicants

Afghanistan

113

Sri Lanka

103

Iraq

86

Eritrea

84

Syria

68

Ethiopia

59

Total

1,286

Source: SEM, Asylum Statistics 2019.



[1] Martina Caroni et al., Migrationsrecht, 3rd edition, Berne 2014, 342 et seq.

[2] Federal Administrative Court, Decision E-3979/2014, 3 November 2015.

[3]Federal Administrative Court, Decision E-5007/2014, 6 October 2016.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection