1To facilitate the conduct of removal proceedings or criminal proceedings in which the potential penalty includes an order for expulsion from Switzerland under Article 66a or 66abis SCC1 or Article 49a or 49abis MCC2, the competent cantonal authority may detain a person who does not hold a short stay, residence or permanent residence permit, during the preparation of the decision on residence status for a maximum of six months if they:3
- a.4
- refuse during asylum proceedings, removal proceedings or or criminal proceedings in which the potential penalty includes an order for expulsion from Switzerland under Article 66a or 66abis SCC or Article 49a or 49abis MCC to disclose their identity, submit several applications for asylum using various identities or repeatedly fail to comply with a summons without sufficient reason or ignore other instructions issued by the authorities in the asylum procedure;
- b.
- leave an area allocated to them in accordance with Article 74 or enter an area from which they are excluded;
- c.
- enter Swiss territory despite a ban on entry and cannot be immediately removed;
- d.
- were removed and submitted an application for asylum following a legally binding revocation (Art. 62 and 63) or a non-renewal of the permit due to violation of or representing a threat to the public security and order or due to representing a threat to internal or external security;
- e.
- submit an application for asylum after expulsion (Art. 68);
- f.
- stay unlawfully in Switzerland and submit an application for asylum with the obvious intention of avoiding the imminent enforcement of a removal or expulsion order; such an intention shall be suspected if it were possible and reasonable to file the asylum application earlier and if the application is submitted in close chronological relation to detention, criminal proceedings, the implementation of a penalty or the issue of a removal order;
- g.
- seriously threaten other persons or considerably endanger the life and limb of other persons and are therefore being prosecuted or have been convicted;
- h.
- have been convicted of a felony.
- 1bis...5
2The competent authority shall decide on the residence status of the person held in detention without delay.
1 SR 311.0
2 SR 321.0
3 Amended by Annex No I of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
4 Amended by Annex No I of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
5 Inserted by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC) (AS 2010 5925; BBl 2009 8881). Repealed by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), with effect from 1 July 2015 (AS 2015 1841; BBl 2014 2675)