Drucken
Artikel, Notizen und Markierungen werden geladen... Bitte um etwas Geduld.

Asylum Act
(AsylA)

Art. 37 Procedural deadlines in the first instance 103

1 No­tice of de­cisions un­der the Dub­lin pro­ced­ure (Art. 26b) must be giv­en with­in three work­ing days after the Dub­lin state to which the re­quest was dir­ec­ted has agreed to the trans­fer re­quest un­der Art­icles 21 and 23 of Reg­u­la­tion (EU) No 604/2013104.

2 No­tice of de­cisions un­der the ac­cel­er­ated pro­ced­ure (Art. 26c) must be giv­en with­in eight days of the con­clu­sion of the pre­par­at­ory phase.

3 If there are val­id reas­ons and it is fore­see­able that the de­cision can be taken in a fed­er­al centre, the time lim­its laid down in para­graphs 1 and 2 may be ex­ceeded by a few days.

4 De­cisions un­der the ex­ten­ded pro­ced­ure (Art. 26d) must be taken with­in two months of the con­clu­sion of the pre­par­at­ory phase.

5 In oth­er cases, de­cisions to dis­miss an ap­plic­a­tion must be made with­in five work­ing days and de­cisions must be made with­in ten work­ing days of the ap­plic­a­tion be­ing filed.

6 SEM shall de­cide as a pri­or­ity and im­me­di­ately if the per­son seek­ing asylum is in de­ten­tion pending ex­tra­di­tion on the basis of a re­quest by a state which the asylum seeker is seek­ing pro­tec­tion from in Switzer­land. This also ap­plies when the per­son has been made sub­ject to an ex­pul­sion or­der un­der Art­icle 66a or 66abis of the Crim­in­al Code (SCC)105 or Art­icle 49a or 49abis of the Mil­it­ary Crim­in­al Code of 13 June 1927106 (MCC) or an ex­pul­sion or­der un­der Art­icle 68 FNIA107.108

103 Amended by No I, paras 4 and 6 in ac­cord­ance with No IV 2 of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).

104 Coun­cil Reg­u­la­tion (EU) No 604/2013 of 26 June 2013 es­tab­lish­ing the cri­ter­ia and mech­an­isms for de­term­in­ing the Mem­ber State re­spons­ible for ex­amin­ing an asylum ap­plic­a­tion lodged in one of the Mem­ber States by a third-coun­try na­tion­al; (new ver­sion), Amended by OJ L 180 of 29.6.2013, p. 31.

105 SR 311.0

106 SR 321.0

107 SR 142.20

108 Amended by No I 3 of the FA of 25 Sept. 2020 on Po­lice Coun­terter­ror­ism Meas­ures, in force since 1 June 2022 (AS 2021 565; 2022 300; BBl 2019 4751).