legal and social conditions for asylum seekers and refugees in ...

SWITZERLAND
LEGAL CONDITIONS
The legal basis
– The Geneva Convention of 1951 and New York Protocol of 1967;
– The Swiss Constitution of 1999, according to which the final authority to grant asylum is vested
in the Confederation;
– The Law concerning the Stay and Settlement of Aliens (“Bundesgesetz über Aufenthalt und
Niederlassung der Ausländer”; “Loi sur le séjour et l’établissement des étrangers”) of 26 March
1931 with subsequent amendments (the Aliens Law);
– The Asylum Law of 26 June 1998, which entered into force on 1 October 1999;
– The Asylum Decree 1 on Procedural Issues of 11 August 1999;
– The Asylum Decree 2 on Financial Issues of 11 August 1999;
Switzerland is not a party to the Dublin Convention or the Schengen Agreement.
Refugee status
Convention status is the only kind of refugee status granted in Switzerland. According to Section
3(1) of the Asylum Law, refugees are defined as “persons who, in their country of nationality or
country of former residence, are exposed to or have a well-founded fear of being exposed to
serious prejudices for reasons of race, religion, nationality, membership of a particular social
group or political opinion”.
According to Section 3(2) of the same Law, “serious prejudices” include threats on life, physical
integrity or freedom, as well as measures that amount to an unbearable psychological pressure.
In addition, reasons for fleeing specific to women must be taken into consideration.
Recognised refugees are issued with a residence permit (B-permit) valid for one year and
renewable on a yearly basis. Renewal is only refused in a very limited number of cases. After five
years, recognised refugees are entitled to a settlement permit (C-permit), valid for 10 years and
renewable.
Quota refugees
According to Section 56 of the Asylum Law, the Federal Council (the highest Swiss governmental
authority) may grant asylum to groups of refugees. In the eighties and early nineties, based on
decisions of the Federal Council after consultation with UNHCR, Switzerland received an annual
contingent of almost several hundred refugees. This has not been the case in recent years.
There is no long-term agreement with UNHCR on quota refugees.
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Switzerland