Asylum Act

¹After the ap­plic­a­tion for asylum has been filed, the pre­par­at­ory phase be­gins. Un­der the Dub­lin pro­ced­ure, it lasts no more than 10 days, and un­der oth­er pro­ced­ures no more than 21 days.

²In the pre­par­at­ory phase, SEM re­cords the asylum seekers’ per­son­al de­tails and nor­mally takes their fin­ger­prints and pho­to­graphs. It may col­lect ad­di­tion­al bio­met­ric data, pre­pare re­ports on a per­son's age (Art. 17 para. 3^bis), veri­fy evid­ence and travel and iden­tity doc­u­ments and make en­quir­ies spe­cif­ic to ori­gin and iden­tity.

³SEM shall in­form asylum seekers of their rights and ob­lig­a­tions in the asylum pro­ced­ure. It may ques­tion the asylum seekers about their iden­tity and their it­in­er­ary, and sum­mar­ily about the reas­ons for leav­ing their coun­try. At this point, SEM may also ask about any com­mer­cial hu­man traf­fick­ing. It shall dis­cuss with the asylum seeker wheth­er there is suf­fi­cient jus­ti­fic­a­tion for their re­quest for asylum. If this is not the case and if the asylum seeker with­draws the re­quest, the re­quest shall be can­celled without a form­al de­cision be­ing taken and pre­par­a­tions made for the re­turn jour­ney.

⁴The com­par­is­on of data un­der Art­icle 102a^bis para­graphs 2–3, the ex­am­in­a­tion of fin­ger­prints un­der Art­icle 102a^ter para­graph 1 and the re­quest for ad­mis­sion or read­mis­sion to the com­pet­ent state bound by one of the Dub­lin As­so­ci­ation Agree­ments is made dur­ing the pre­par­at­ory phase.

⁵SEM may del­eg­ate the tasks un­der para­graph 2 to third parties. Third parties are sub­ject to the same duty of con­fid­en­ti­al­ity as fed­er­al per­son­nel.