Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
The FOR cooperates closely with other host countries, and with concerned organizations working
with refugees and migrants, notably the United Nations High Commissioner for Refugees
(UNHCR) and the International Organization for Migration (IOM).
The FOR issues all decisions in regard to asylum applications, while the cantons are responsible
for their enforcement. Consequently, the cantonal police carries out all expulsions.
The Swiss Asylum Appeal Commission is responsible for handling appeals against asylum
decisions.
SwissREPAT, which is part of the FOR, helps coordinate the logistics of involuntary returns
(deportations). To support the enforcement of an expulsion, SwissREPAT works in cooperation
with the travel centre of the Federal Department for Foreign Affairs (DFA) and the airport police
of Zurich, which is part of the cantonal police of Zurich. Under this mechanism, practical and
logistical assistance is provided to implement returns at Zurich airport through transportation
support for returning rejected asylum seekers and other migrants in irregular circumstances.
Operational Steps for Involuntary Return
When an asylum seeker is be informed of the final negative asylum decision, she/he will be
given a specified time, usually eight weeks, to leave the country voluntarily. If the person returns
in this time limit she/he may qualify, in principle, for return/reintegration assistance. Upon
request, the FOR may extend the return deadline up to a maximum of six months in exceptional
circumstances (e.g. vulnerable cases such as pregnant women, or returnees, who participate in
vocational trainings, etc.).
Where an appeal against a first instance decision has been rejected or has been deemed inadmissible,
the various deadlines are applied, depending on the previous stay in Switzerland. Failure
to comply may result in forceful expulsion by the police of the canton in charge.
Where an expulsion to a country is deemed unsafe for return, or where it is considered contrary
to international law, the decision will stipulate an alternative measure to the expulsion, such as a
provisional permission to stay in accordance with Article 44(2) of the Asylum Law. Provisional
permits may be granted also in cases where it is deemed that an expulsion would cause extraordinary
hardship. Depending on the personal situation of the asylum seeker, a provisional permit
may be granted when the asylum procedure has taken more than four years up to final rejection.
Factors such as the individual’s level of integration and family connections in the asylum country
are usually taken into consideration.
Withdrawal of Social Benefits
There are, as yet, no financial penalties concerning the entitlement to welfare benefits, even
when a decision has been taken to remove or deport a rejected asylum seekers. Yet measures are
currently being discussed, aimed at reducing welfare benefits for those who illegally remain in
Switzerland.
Nevertheless, criminal offenders, over-stayers and those who do not cooperate with the asylum
authorities, in principle do not qualify for financial return and reintegration assistance. Further-
372