23 October 2015

The Asylum Information Database (AIDA) published this week the updated report on asylum in Switzerland. The report discusses the new rules for administrative detention of asylum seekers in the Dublin procedure, and provides information on the rules for support of unaccompanied minors, both in force since July 2015.

Several of the rules on administrative detention seem problematic and are not in line with the Dublin III Regulation, notably the broad definition of the “risk of absconding” and the maximum duration of detention. Moreover, given that Switzerland is not an EU Member State, there is no possibility to access the Court of Justice of the European Union to clarify these issues, warns the Swiss Refugee Council.

According to the new rules, a representative for unaccompanied children must now be present in the first interview, with tasks more closely defined than before, including providing advice before and during interviews, support in naming and obtaining elements of proof, as well as support during contact with authorities and medical institutions. Furthermore, the law now requires representatives to have knowledge of asylum law and the Dublin procedure.

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This article appeared in the ECRE Weekly Bulletin of 23 October 2015. You can subscribe to the Weekly Bulletin here.