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SWITZERLAND
1. INVOLUNTARY RETURN
1.1 POLICY
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SWITZERLAND
Switzerland is faced with similar migration challenges to those of the larger migrant-receiving
states in the EU. It has received some of the highest numbers of asylum seekers in Europe in
recent years, 1 the majority of whom do not qualify for refugee status or residence in Switzerland.
Therefore return strategies play a critical role in the country’s comprehensive approach to managing
migration.
Swiss asylum policies are deeply rooted in the 1951 Geneva Convention on the Protection of
Refugees, which has been incorporated into the Swiss asylum system. Switzerland’s asylum
legislation generally seeks to assure protection and support for persecuted and displaced individuals,
while offering assistance, particularly return and reintegration assistance, to those who
do not, or no longer require protection.
According to the Federal Office of Refugees (FOR), approximately 10 per cent of asylum seekers
in Switzerland are recognized as refugees, while the remainder do not fulfil the refugee criteria
as per the Swiss Asylum Act. Actual figures per nationality may vary considerably, however. In
case of a negative decision, the FOR may still grant a provisional admission where a removal
order may be unlawful (e.g. violation of the European Human Rights Convention), or may be
impossible to enforce or may be unreasonable (e.g. elderly people, medical cases).
In order to safeguard the credibility of asylum regulations, and to ensure that refugee status is
only accorded to those in genuine need, return or repatriation is resorted to as a consequence of
unlawful residence after the conclusion of the asylum procedure.
Faced with obstacles associated with the execution of expulsions, such as the lack of travel
documentation or the reluctance of countries of origin to accept their returning nationals, and
aiming at successful, sustainable return and reintegration, the Swiss authorities generally promote
voluntary return by allowing a sufficient period of time for the concerned individual to
leave the country voluntarily and by providing various support services. Other cooperative measures
have included collaborating with countries of origin and transit, in order to facilitate effective
returns.
As with other European states, a further general tightening of the asylum and migration management
in Switzerland is expected over the coming years. The 2003 elections yielded a more
conservative Swiss Federal Government. While future policy developments are yet to unfold,
the recent changes in the government will result in a stricter policy by the Federal Department of