Differential treatment of specific nationalities in detention

Switzerland

Country Report: Differential treatment of specific nationalities in detention Last updated: 19/04/22

Author

Swiss Refugee Council Visit Website

There is no difference in treatment in reception based on nationality. The reception standards are the same as for asylum seekers of other nationalities with the notable exception of the distribution of pocket money. Thus, nationals of countries exempt from the visa requirement do not receive the 3 CHF granted by the SEM as pocket money to asylum seekers housed in the federal centres.[1] In 2020, the Federal Administrative Court has observed that an automatic application of this rule could lead to a violation of the constitutional principle of equality before the law in the case of a person claiming a legitimate need for protection.[2]

 

 

 

[1] SEM, Strategy for processing asylum requests: Fast-tracking of unjustified applications, March 2019, available in English (as well as German, French and Italian) at: https://bit.ly/3qNTfDU.

[2] Federal Administrative Court, Decision F-3150/2018, 20 July 2020, c. 7.6. In this case, the Court has ruled that the difference of treatment was justified.

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