Asylum Act (Switzerland)
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Asylum Act (Switzerland)
The Asylum Act (AsylA) ( (AsylG), (LAsi), (LAsi)) is a Swiss federal law that governs the country's procedures for granting asylum to refugees. It was adopted on 26 June 1998 by the Federal Assembly and came into force on 1 October 1999. It replaces the previous and first Asylum Act from 1981. The Asylum Act lays down the legal framework for Switzerland's asylum system. It sets out the criteria for granting asylum and the procedures that must be followed. Under the Act, asylum seekers must demonstrate that they have a well-founded fear of persecution in their home country, based on their race, religion, nationality, political opinion, or membership in a particular social group. The Act also provides for the possibility of granting temporary protection to refugees in exceptional circumstances. AsylA is administered by the State Secretariat for Migration (SEM), which is part of the Federal Department of Justice and Police, with appeals being handled by the Federal Administra ...
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Federal Assembly Of Switzerland
The Federal Assembly (german: Bundesversammlung, french: Assemblée fédérale, it, Assemblea federale, rm, Assamblea federala), also known as the Swiss parliament (''Parlament'', ''Parlement'', ''Parlamento''), is Switzerland's federal legislature. It meets in Bern in the Federal Palace. The Federal Assembly is bicameral, being composed of the 200-seat National Council and the 46-seat Council of States. The houses have identical powers. Members of both houses represent the cantons, but, whereas seats in the National Council are distributed in proportion to population, each canton has two seats in the Council of States, except the six ' half-cantons', which have one seat each. Both are elected in full once every four years, with the last election being held in 2019. The Federal Assembly possesses the federal government's legislative power, along with the separate constitutional right of citizen's initiative. For a law to pass, it must be passed by both houses. The two h ...
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Systematic Compilation Of Federal Legislation
The ''Systematic Compilation of Federal Legislation'' (german: Systematische Sammlung des Bundesrechts, SR; french: Recueil systématique du droit fédéral, RS; it, Raccolta sistematica, RS) is the official compilation of all Swiss federal laws, ordinances, international and intercantonal treaties that are in force. However, some very voluminous parts of laws, such as the customs code, are not published in their entirety, but only by way of reference; they are usually made available on the websites of the government agencies responsible. In the SR/RS, the acts are published in a consolidated form, that is, the text is updated to reflect any amendment that enters into force through publication in the ''Official Compilation of Federal Legislation'' (AS/RO/RU). By itself, publication in the SR/RS does not confer force of law. The legally binding text is that of the individual acts published in the AS/RO/RU. It is issued in the three official languages of Switzerland: German, French ...
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Switzerland
). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel, St. Gallen a.o.). , coordinates = , largest_city = Zürich , official_languages = , englishmotto = "One for all, all for one" , religion_year = 2020 , religion_ref = , religion = , demonym = , german: Schweizer/Schweizerin, french: Suisse/Suissesse, it, svizzero/svizzera or , rm, Svizzer/Svizra , government_type = Federalism, Federal assembly-independent Directorial system, directorial republic with elements of a direct democracy , leader_title1 = Federal Council (Switzerland), Federal Council , leader_name1 = , leader_title2 = , leader_name2 = Walter Thurnherr , legislature = Fe ...
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Swiss Federal Law
In Switzerland, a federal act (german: Bundesgesetz, french: Loi fédérale, it, Legge federale) is a legislative law adopted at the level of the Confederation. By default, its duration of application is unlimited. It takes precedence over cantonal and communal law (derogatory force). Definition The Federal Constitution defines a federal law as follows: The ParlA uses this definition in the same terms."The Federal Assembly shall enact in the form of a federal law all important provisions that lay down rules of law", Art. 22, para. 1, ParlA. Rule of law A "rule of law" exists when an adopted provision (cumulatively): * is of a general nature, i.e. the provision is addressed to an indeterminate number of persons or target subjects; * is abstract in nature, i.e. the provision can be interpreted for any number of situations; * has direct application; * creates an obligation, confers a right or assigns powers. Important provisions Determining the importance of the provision ...
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Federal Assembly (Switzerland)
The Federal Assembly (german: Bundesversammlung, french: Assemblée fédérale, it, Assemblea federale, rm, Assamblea federala), also known as the Swiss parliament (''Parlament'', ''Parlement'', ''Parlamento''), is Switzerland's federal legislature. It meets in Bern in the Federal Palace of Switzerland, Federal Palace. The Federal Assembly is bicameralism, bicameral, being composed of the 200-seat National Council (Switzerland), National Council and the 46-seat Council of States (Switzerland), Council of States. The houses have identical powers. Members of both houses represent the Cantons of Switzerland, cantons, but, whereas seats in the National Council are distributed in proportion to population, each canton has two seats in the Council of States, except the six 'half-cantons', which have one seat each. Both are elected in full once every four years, with the 2019 Swiss federal election, last election being held in 2019. The Federal Assembly possesses the federal governm ...
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State Secretariat For Migration (Switzerland)
The State Secretariat for Migration (SEM) (german: Staatsekretariat für Migrationen SEM, french: Secrétariat d'État aux migrations, it, Segreteria di Stato per le migrazioni) is a Swiss federal authority. As of 2023, it is headed by Federal Councillor Élisabeth Baume-Schneider. It is responsible, at the federal level, for all matters relating to foreigners (granting of visas, prohibition of entry into the country, naturalization, etc.) and for the recognition of refugees (granting and withdrawal of asylum). The SEM is subordinated to the Federal Department of Justice and Police. Until 31 December 31 2014, the authority was called the ''Federal Office for Migration (FOM)'' (german: Bundesamt für Migration BFM, french: Office fédéral des migrations ODM). History The Federal Office for Migration (FOM) was created by the merger of the ''Federal Office for Immigration, Integration and Emigration (german: Bundesamt für Zuwanderung, Integration und Auswanderung (IMES), fren ...
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Federal Department Of Justice And Police
The Federal Department of Justice and Police (german: Eidgenössisches Justiz- und Polizeidepartement, french: Département fédéral de justice et police, it, Dipartimento federale di giustizia e polizia, rm, ) is one of the seven departments of the Swiss federal government. As of 2019, it is headed by Federal Councillor Karin Keller-Sutter. Until 1979, the department was known as the Department of Justice and Police. Organisation The department is composed of the following offices and institutes: * General Secretariat * State Secretariat for Migration (SEM): Responsible for matters relating to foreign nationals and asylum seekers. * Federal Office of Justice (FOI): Responsible for providing legal advice to the administration, preparing general legislation, supervising government registers and collaborating on international judicial assistance. * Federal Office of Police (fedpol): Responsible for intercantonal and international information, coordination and analysis in ...
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Federal Administrative Court (Switzerland)
The Federal Administrative Court of Switzerland (german: Bundesverwaltungsgericht, french: Tribunal administratif fédéral, it, Tribunale amministrativo federale; rm, Tribunal administrative federal) is a Swiss federal court. It is the judicial authority to which decisions of the federal authorities of Switzerland can be appealed. The decisions of the Federal Administrative Court can generally be appealed, in turn, to the Federal Supreme Court of Switzerland. Purpose The Federal Administrative Court was created with the federal judicial reform in 2005 to replace some thirty boards of appeal that exercised judicial oversight over the various departments of the federal administration. Up until 2007, the Swiss Federal Council, the supreme executive authority of Switzerland, also served as a final court of appeal in certain areas of administrative law. These judicial functions were also taken over by the Federal Administrative Court, ensuring that every decision of the administr ...
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Convention Relating To The Status Of Refugees
The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951, is a United Nations multilateral treaty that defines who a refugee is, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not qualify as refugees, such as war criminals. The Convention also provides for some visa-free travel for holders of refugee travel documents issued under the convention. The Refugee Convention builds on Article 14 of the 1948 Universal Declaration of Human Rights, which recognizes the right of persons to seek asylum from persecution in other countries. A refugee may enjoy rights and benefits in a state in addition to those provided for in the Convention. The rights created by the Convention generally still stand today. Some have argued that the complex nature of 21st century refugee relationships calls for a new ...
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Federal Council (Switzerland)
The Federal Council (german: Bundesrat; french: Conseil fédéral; it, Consiglio federale; rm, Cussegl federal) is the executive body of the federal government of the Swiss Confederation and serves as the collective head of state and government of Switzerland. It meets in the west wing of the Federal Palace in Bern. While the entire Federal Council is responsible for leading the federal administration of Switzerland, each Councillor heads one of the seven federal executive departments. The position of President of the Swiss Confederation rotates among the seven Councillors on a yearly basis, with one year's Vice President of Switzerland becoming the next year's President of Switzerland. Ignazio Cassis has been the incumbent officeholder since 1 January 2022. An election of the entire Federal Council occurs every four years; voting is restricted to the 246 members of the Federal Assembly of Switzerland. There is no mechanism for recall after election. Incumbents are almost a ...
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Immigration To Switzerland
The largest immigrant groups in Switzerland are those from Italy, Germany, the Former Yugoslavia, Albania, Portugal and Turkey (Turks and Kurds). Between them, these six groups account for about 1.5 million people, 60% of the Swiss population with immigrant background, or close to 20% of total Swiss population. The current federal law of December 16, 2005, on foreigners (the Foreign Nationals Act) came into force on January 1, 2008, replacing the Federal Act on the Residence and Establishment of Foreigners of 1931. Switzerland and Australia, with about a quarter of their population born outside the country, are the two countries with the highest proportion of immigrants in the western world, although who counts as an immigrant varies from country to country, and even between agencies within countries. Some countries naturalise immigrants easily, while others make it much more difficult, which means that such comparisons ought to be treated with caution. Switzerland also has the ...
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Foreign Nationals And Integration Act
The Federal Act on Foreign Nationals and Integration (FNIA) (German: ''Ausländer- und Integrationsgesetz (AIG)'', French: ''Loi fédérale sur les étrangers et l’intégration (LEI),'' Italian: ''Legge federale sugli stranieri e la loro integrazione (LStrI)''), previously known as Foreign Nationals Act (FNA) until 1 January 2019, is a Swiss federal law that regulates the immigration, residence and integration of foreign nationals in Switzerland. It was adopted on 16 December 2005 by the Federal Assembly and came into force on 1 January 2008. It replaces the Federal Act on the Residence and Settlement of Foreigners from 1934. The primary objectives of the FNIA are to provide a clear legal framework for the admission, residence, and integration of foreign nationals in Switzerland. The law establishes the rights and obligations of foreign nationals, defines the requirements for obtaining visas and residence permits, and sets out the conditions under which foreigners may stay in ...
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