A request for review, in the context of asylum, must be addressed to the State Secretariat for Migration (SEM).
The request for review, as provided for in Article 111b of the Asylum Act (LAsi), is an extraordinary legal remedy in the sense that it occurs after a decision (by the SEM) has become final without an appeal being filed or after a final judgment (by the Federal Administrative Court (TAF)) has been pronounced.
There are two types of review requests: the simple review request (Article 111b LAsi) and the qualified review request (Articles 111b LAsi and 66ss of the Administrative Procedure Act (PA)).
Regarding the simple review request, it allows for the modification or annulment of an initially correct decision due to a significant change in circumstances that occurred after the decision became final and that affects the deportation of the concerned person.
The qualified review request is akin to a request for revision. It is a request in which new important facts or evidence are alleged, which were not known at the time of the first decision or which the applicant could not have invoked or had no reason to invoke. This means that the SEM's initial decision was flawed.
The request for review must be submitted within 30 days of the discovery of the reason for the review and must be duly substantiated. If the formal conditions are not met, the SEM will issue a decision of non-consideration within 5 working days. In other cases, the SEM processes the request within 10 working days.
In principle, the review request does not suspend the execution of the applicant's deportation. However, the applicant may request the SEM to rule on the suspensive effect (Article 111b Paragraph 3 LAsi). If the conditions of danger in the country of origin or provenance are met, the SEM suspends the execution of the deportation. If this measure is refused, even implicitly, the applicant can contest it before the Federal Administrative Court.
It should be noted that a request aimed at establishing refugee status, submitted by a foreigner who has already undergone an unsuccessful asylum procedure in Switzerland and who alleges new facts, should in principle be treated as a new asylum application and not as a review.
If you would like more information on this subject, the Valentin Legal Consultation will be happy to welcome you at its premises located at rue du Valentin 1, 1004 Lausanne, to provide you with more complete answers. We are also reachable by phone at 021 351 30 00 and by email at info@cjdv.ch.
Source: Asylum and Return Manual, Article H2: extraordinary legal remedies and multiple requests (State Secretariat for Migration)
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