Asylum ActEnglish is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force. |
Art. 26 Preparatory phase
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. 3bis), 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 102abis paragraphs 2–3, the examination of fingerprints under Article 102ater 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. 1 Amended by No I of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991). |