Asylum Act
(AsylA)

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.¹⁵²

^1bis If, dur­ing the asylum pro­ced­ure, SEM has reas­on to be­lieve that there are grounds un­der Art­icle 105 num­ber 5 or 105a of the Civil Code (CC)¹⁵³ for the mar­riage to be an­nulled, they shall re­port this to the com­pet­ent au­thor­ity un­der Art­icle 106 CC.¹⁵⁴ 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. If the refugee's spouse is abroad, the re­port to the com­pet­ent au­thor­ity shall be made and the pro­ceed­ings sus­pen­ded after the spouse enters Switzer­land.^{155 156}

² ...¹⁵⁷

³ Chil­dren born in Switzer­land to refugee par­ents shall be re­cog­nised as refugees, provided if there are no spe­cial cir­cum­stances that pre­clude this.¹⁵⁸

⁴ If the per­sons en­titled un­der para­graphs 1 were sep­ar­ated dur­ing flight and are now abroad, their entry must be au­thor­ised on re­quest.¹⁵⁹

⁵ ...¹⁶⁰