This does not restrict asylum-seekers’ freedom to be represented by another service or person at their own expense. The legal advisory services in the cantons also provide legal support and assistance to refugees over and beyond the asylum procedure.
Role of the SRC in legal protection
As an asylum expert, the Swiss Refugee Council (SRC) trains the counsellors and legal representatives of Caritas Switzerland, HEKS/EPER and SOS Ticino. It provides basic groundwork and serves as a contact point for the actors who advise and represent people seeking protection. It also coordinates their efforts and thus plays an important role in national quality management.
Legal protection in the federal asylum centres
In the accelerated asylum procedure in the federal asylum centres, asylum seekers are advised from the start of the procedure by an organization that is independent of the authorities and they are legally represented during the procedure.
The legal protection informs asylum seekers about the progress of the asylum procedure, their rights and obligations and, where possible, supports them in legal and social matters. It serves as a link between asylum seekers and the other actors involved in the procedure.
The legal representatives defend their clients’ interests. They support asylum seekers throughout the various stages of the procedure in the federal asylum centres (preparing for and participating in interviews with the authorities, providing advice on opportunities, explaining of the asylum decision as well as assisting with a possible appeal).
Legal advisory centres in the cantons
Comprehensive, free legal protection generally ends when the asylum seeker is no longer resident in a Federal Asylum Centre.
Individuals who have been assigned to the extended procedure can seek further advice and legal representation from a designated legal advisory centre in the canton. If an asylum seeker is in the so-called extended procedure, they should therefore primarily contact one of these designated offices.
In addition to the legal advisory centres authorized to represent asylum seekers in the extended procedure, there are also other legal advisory centres that offer support and representation for asylum seekers.
Limits of free legal protection
Free legal protection has its limits. In particular, the legal advisory centres that are authorized to represent clients in the extended procedure in the cantons do not cover costs for steps such as obtaining evidence and medical reports, establishing the facts of the case or any possible appeal. Nor is any provision made for procedures related to the asylum procedure, such as applications for family reunification or the referral of vulnerable persons to medical and social networks. Finally, there is also no provision for free legal protection for people whose asylum application has been rejected, who have not left Switzerland and who are receiving emergency assitance.
However, refugees are still free to apply to the legal advisory centres in the cantons if they find themselves in these situations. Many of these centres have years of experience and provide legal support and assistance in these areas, despite the lack of state funding.
