FNIA Art. 83 - Order for temporary admission

Einleitung zur Rechtsnorm FNIA:

Art. 83 FNIA from 2024

Art. 83 Temporary Admission Order for temporary admission

¹ If the enforcement of removal is not possible, not permitted or not reasonable, SEM shall order temporary admission. ⁽¹⁾

² Enforcement is not possible if the foreign national is unable to travel or be brought either to their native country or to their country of origin or a third country.

³ Enforcement is not permitted if Switzerland’s obligations under international law prevent the foreign national from making an onward journey to their native country, to their country of origin or to a third country.

⁴ Enforcement may be unreasonable for foreign nationals if they are specifically endangered by situations such as war, civil war, general violence and medical emergency in their native country or country of origin.

⁵ The Federal Council shall designate native countries or countries of origin or areas of these countries to which return is reasonable. ⁽²⁾ If foreign nationals being removed come from one of these countries or from a member state of the EU or EFTA, enforcement of removal is reasonable. ⁽³⁾

5bis The Federal Council shall periodically review the decision under paragraph 5. ⁽⁴⁾

⁶ Temporary admission may be requested by the cantonal authorities.

⁷ Temporary admission shall not be ordered in terms of paragraphs 2 and 4 if the person removed: ⁽¹⁾

⁸ Refugees for whom there are reasons for refusing asylum in accordance with Articles 53 and 54 AsylA ⁽⁹⁾ shall be granted temporary admission.

⁹ Temporary admission shall not be granted or shall expire if an order for expulsion from Switzerland under Article 66a or 66a^bis SCC or Article 49a or 49a^bis MCC ⁽¹⁰⁾ , or an expulsion order under Article 68 of this Act becomes legally enforceable. ⁽¹¹⁾

10 The cantonal authorities may conclude integration agreements with temporarily admitted persons if there is a special need for integration in accordance with the criteria set out in Article 58a. ⁽¹²⁾