Switzerland: Federal Commission for Migration recommendations ahead of asylum reform

The Swiss Federal Commission for Migration (CFM) issued recommendations in the context of the ongoing reform of the Swiss asylum system. A restructuring of the Swiss asylum procedure has been approved by referendum and will be modelled on the basis of the Testphase accelerated procedure piloted in Zurich over the past three years. The new system will not enter into force before 2019.

The CFM focuses inter alia on fair procedures and urges for free legal assistance throughout the entire procedure, including in Dublin and inadmissibility cases, as well as effective access to legal counselling in all types of reception centres. The recommendation nuances, however, the provision of free legal assistance in cases where appeals are deemed to have no prospect of success.

Another recommendation concerns the “use of margins of manoeuvre in the Dublin system in favour of asylum seekers”. The CFM encourages the use of discretionary clauses to reunite extended family members, while also stressing that Dublin transfers should only take place vis-à-vis countries offering a procedure in conformity with the rule of law and appropriate reception conditions.

 

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About AIDA

The Asylum Information Database (AIDA) is a database managed by the European Council on Refugees and Exiles (ECRE), containing information on asylum procedures, reception conditions, detenti