Negative asylum decision — what now?

Anyone who receives a negative asylum decision from the State Secretariat for Migration (SEM) is under time pressure: the deadline to appeal to the Federal Administrative Court (FAC) is short and is not extended. This article explains which deadline applies in your case and which steps follow, in which order.

Which appeal deadline applies in my case?

The decisive deadline is set by Art. 108 of the Asylum Act (AsylG, SR 142.31) and depends on the type of procedure in which the decision was issued:

• 5 days for non-entry decisions in the Dublin procedure
• 7 days in the accelerated procedure (federal asylum centre)
• 30 days in the extended procedure, or for decisions on the merits outside the Dublin procedure

Which steps are needed now?

1. Check the decision carefully

The decision shows which type of procedure applies and therefore which deadline. If in doubt, a quick professional assessment is worthwhile; with a 5- or 7-day deadline there is hardly any time for detours.

2. Assess the prospects of success

Not every appeal has the same prospects. What matters is whether the SEM's findings of fact or its legal assessment can be challenged, for example because of an inadequate hearing, outdated country information or evidence that was not considered.

3. File the appeal

The appeal must be filed in writing, with reasons, with the Federal Administrative Court. Legal representation is not compulsory; you may conduct the proceedings with a representative of your own choosing, whether or not that person is entered in a register.

4. Consider free legal aid

Anyone without sufficient means can apply for free legal aid and an officially appointed representative together with the appeal. For most appeals against negative asylum, removal and non-entry decisions, the need for a representative is presumed by law, unless the appeal appears to have no prospect of success.

What happens if the deadline is missed?

An appeal filed late is generally no longer examined, and the SEM decision becomes final. Restoration of the deadline is possible only in narrow exceptional cases, for instance where you can prove you were prevented from acting through no fault of your own. Even if you meet the deadline by a narrow margin, document when the appeal reached the court (postmark or electronic acknowledgement of receipt).

If the appeal deadline has already expired

If the deadline has passed and the decision is final, a request for reconsideration under Art. 111b AsylG remains open under certain conditions, for example where the facts or the legal situation have changed significantly. More on this in our article on new evidence after a final decision.