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Art. 26a Establishing medical condition 79
1 Immediately after filing their application, but at the latest at the interview on the grounds for asylum under Article 36 paragraph 2 or being granted a hearing under Article 36 paragraph 1, asylum seekers must state any serious health problems of relevance to the asylum and removal procedures of which they were aware when filing the application for asylum. 2 SEM appoints a competent medical specialist to investigate matters contended under paragraph 1. Article 82a applies mutatis mutandis. SEM may delegate the required medical duties to a third party. 3 Medical problems that are claimed later or established by another medical specialist may be taken into account in the asylum and removal procedures if they are proven. The provision of prima facie evidence suffices by way of exception if there are excusable grounds for the delay or proof cannot be provided in the case in question for medical reasons. SEM may call in an independent medical examiner. 79 Originally Art. 26bis. Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 43755357; BBl 2010 4455, 2011 7325). See also the transitional provisions to this Amendment at the end of the text. |