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Art. 51 Family asylum
1 Spouses or registered partners of refugees and their minor children shall be recognised as refugees and granted asylum provided there are no special circumstances that preclude this.146 1bis If, during the asylum procedure, SEM has reason to believe that there are grounds under Article 105 number 5 or 6 of the Civil Code147 (CC) for the marriage to be annulled, they shall report this to the competent authority under Article 106 CC. The procedure shall be suspended until this authority makes its decision. If the authority raises an action for annulment, the request is suspended until a legally binding judgment has been issued.148 2 ...149 3 Children born in Switzerland to refugee parents shall be recognised as refugees, provided if there are no special circumstances that preclude this.150 4 If the persons entitled under paragraphs 1 were separated during flight and are now abroad, their entry must be authorised on request.151 5 ...152 146 Amended by No I 2 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185). 148 Inserted by No I 2 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185). 149 Repealed by No I of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 43755357; BBl 2010 4455, 2011 7325). 150 Amended by No I of the FA of 16 Dec. 2005, in force since 1 Jan. 2008 (AS 2006 4745, 2007 5573; BBl 20026845). 151 Amended by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 43755357; BBl 2010 4455, 2011 7325). 152 Repealed by No I of the FA of 16 Dec. 2005, with effect from 1 Jan. 2007 (AS 2006 47454767; BBl 20026845). |