Asylum Act
(AsylA)

¹ SEM shall nor­mally dis­miss an ap­plic­a­tion for asylum if the asylum seeker:

a.

can re­turn to a safe third coun­try un­der Art­icle 6a para­graph 2 let­ter b in which he or she was pre­vi­ously res­id­ent:

b.

can travel to a third coun­try that is re­spons­ible un­der an in­ter­na­tion­al agree­ment for con­duct­ing the asylum and re­mov­al pro­ced­ures;

c.

can re­turn to a third coun­try in which he or she was pre­vi­ously res­id­ent;

d.

can con­tin­ue to a third coun­try for which he or she holds a visa and in which he or she can seek pro­tec­tion;

e.

can con­tin­ue to a third coun­try in which per­sons with whom he or she has a close re­la­tion­ship or de­pend­ants live;

f.⁹³

can be re­moved to their nat­ive coun­try or coun­try of ori­gin un­der Art­icle 31b.

² Para­graph 1 let­ters c–e do not ap­ply if there are in­dic­a­tions in the case in ques­tion that the third coun­try does not provide ef­fect­ive pro­tec­tion against re­foule­ment in terms of Art­icle 5 para­graph 1.

³ SEM shall dis­miss an ap­plic­a­tion that fails to meet the re­quire­ments of Art­icle 18. This ap­plies in par­tic­u­lar if the ap­plic­a­tion for asylum is made ex­clus­ively for eco­nom­ic or med­ic­al reas­ons.

⁴ In the oth­er cases, SEM shall re­ject the ap­plic­a­tion for asylum if refugee status has neither been proven nor cred­ibly demon­strated or there are grounds for deny­ing asylum un­der Art­icles 53 and 54.⁹⁴