Federal Act
|
Art. 65 Refusal of entry and removal at the airport 141
1 If entry is refused at the border control at the airport, the foreign national must leave Switzerland immediately. 2 The authority responsible for the border control shall on SEM’s behalf issue a reasoned and appealable decision within 48 hours on a form in accordance with Annex V Part B of the Schengen Borders Code142. A written objection may be filed with SEM against this decision within 48 hours of notification thereof. The objection does not have suspensive effect. SEM shall decide on the objection within 48 hours.143 2bis An appeal may be filed against SEM’s objection decision within 48 hours of notification thereof. The appeal does not have suspensive effect. The appellate authority shall decide on the appeal within 72 hours.144 3 Persons subject to a removal order are permitted to remain in the airport international transit zone for a maximum of 15 days in order to prepare for their onward journey, provided deportation (Article 69) or detention pending deportation or coercive detention (Art. 76, 77 and 78) is not ordered. The provisions on temporary admission (Article 83) and on the filing of an asylum application (Article 22 AsylA145) are reserved.146 141 Amended by Art. 2 of the FD of 13 June 2008 on the Approval and the Implementation of the Exchange of Notes between Switzerland and the European Community on the Acceptance of the Schengen Borders Code, in force since 12 Dec. 2008 (AS 2008 56295405Art. 2 let. b; BBl 2007 7937). 142 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ. L 77 of 23.3.2016, p. 1; last amended by Regulation (EU) 2017/458, OJ. L 74 of 18.03.2017, p. 1. 143 Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685). 144 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685). 146 Amended by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561). |