Federal Act on Foreign Nationals and Integration

¹If a per­son does not ful­fil their ob­lig­a­tion to leave Switzer­land by the ap­poin­ted dead­line and if the leg­ally en­force­able re­mov­al or ex­pul­sion or­der or leg­ally en­force­able or­der for ex­pul­sion from Switzer­land un­der Art­icle 66a or 66a^bis SCC¹ or Art­icle 49a or 49a^bis MCC² can­not be en­forced due to their per­son­al con­duct, they may be de­tained to en­sure the ob­lig­a­tion to leave Switzer­land is com­plied with, provided it is not per­mit­ted to or­der de­ten­tion pending de­port­a­tion and a more le­ni­ent meas­ure would lead to the goal.³

²De­ten­tion may be ordered for one month. It may, however, be ex­ten­ded by two months with con­sent of the can­ton­al ju­di­cial au­thor­ity if the per­son con­cerned re­mains un­will­ing to change their con­duct and leave the coun­try. Art­icle 79 re­mains re­served.⁴

³De­ten­tion and its ex­ten­sion are ordered by the au­thor­it­ies of the can­ton which is re­spons­ible for en­for­cing the re­mov­al or ex­pul­sion or­der. If the per­son con­cerned is already in de­ten­tion based on Art­icles 75, 76 or 77, they may be left in de­ten­tion if the re­quire­ments of para­graph 1 are ful­filled.⁵

⁴The first-time de­ten­tion or­der must be re­viewed at the latest after 96 hours by a ju­di­cial au­thor­ity on the basis of an or­al hear­ing. At the re­quest of the de­tain­ee, the ex­ten­sion of de­ten­tion must be re­viewed by the ju­di­cial au­thor­ity with­in eight work­ing days on the basis of an or­al hear­ing. The power of re­view is gov­erned by Art­icle 80 para­graphs 2 and 4.

⁵The con­di­tions of de­ten­tion are gov­erned by Art­icle 81.

⁶The de­ten­tion or­der is re­voked if:

a.

the per­son con­cerned is un­able to leave Switzer­land in­de­pend­ently and in the prop­er man­ner, even though they have ful­filled the ob­lig­a­tions to co­oper­ate spe­cified by the au­thor­it­ies;

b.

they leave Switzer­land as ordered;

c.

de­ten­tion pending de­port­a­tion is ordered;

d.

a re­quest for re­lease from de­ten­tion is gran­ted.