The goal of return assistance is to foster the voluntary as well as the mandatory return of migrants to their country of origin and to facilitate their reintegration in the native country (article 62 of the Asylum Ordinance 2). Return assistance is offered to all asylum seekers (including people that are granted temporary admission, article 83 of the Foreign Nationals and Integration Act) and certain other categories of migrants (for example victims and witnesses of human trafficking) (see also article 63 of the Asylum Ordinance 2).
Return assistance includes the following instruments:
· return counseling services in the cantons and in the federal asylum centres (FAC)
· individual return assistance
· country-specific return assistance programs
· structural aid and prevention of irregular migration (PiM)
Return assistance is governed by the Asylum Act (specifically article 93) and by the Asylum Ordinance 2 on Financial Issues. The State Secretariat for Migration (SEM) is competent for the implementation in Switzerland.
Different systems of return assistance
Return counselling is open to all asylum seekers, regardless of their nationality, their behavior or their legal status. The aim of the RCS is to inform about the possibilities of return assistance and to help people individually with the elaboration of a return perspective. Through individual consultations, RCS assist in preparing the return of the asylum seekers to their native countries and define the necessary return assistance measures.
Return counselling takes place in the federal asylum centres (FAC), at the airports in Geneva and Zurich as well as in the cantons. In the FAC as well as at the airports in Geneva and Zurich, the SEM is competent for the return counselling services. However, the SEM has delegated the task: In the FAC the International Organisation for Migration (IOM) or the RCS of the competent canton are in charge of return counselling. The IOM is also responsible at the airports in Geneva and Zurich. At the cantonal level, the cantons are competent. Depending on the canton, these may be an administrative agency, such as a cantonal migration department, or a nongovernmental organization, such as the Red Cross or Caritas. Funding, field of activity, structural and counseling standards of the RCS are regulated by the directive III/4 on return counseling. See here.
Individual return assistance is a “granting of financial support in individual cases to facilitate the reintegration of returnees or provide them with temporary medical care in their native coun- try, country of origin or third country” (article 93 par. 1 lit. d Asylum Act). It is a service meant for all persons who have applied for asylum. However, it is not granted to convicted offenders, to persons who have misused the asylum system either during or after proceedings or who clearly have sufficient financial resources or significant financial assets (article 64 par. 1 Asylum Ordinance 2, but see article 59abis Asylum Ordinance 2 (travelling allowance)). Addition- ally, people from states that are exempt from visa obligations cannot benefit from individual return assistance (article 76a of the Asylum Ordinance 2). Individual return assistance can be claimed once the person has demonstrated having prepared all the necessary arrangements to leave Switzerland (article 73 of the Asylum Ordinance 2).
The directive III/4 (see link above) regulates the services granted and the way in which individual return assistance is allocated. There are three different types of financial return assistance:
a cash allowance which serves as a financial starting contribution for the returning person. The maximum lump sum is CHF 1’000 per adult. It can be graduated individually, namely according to age, status of the asylum procedure, length of stay and for country- specific reasons (article 74 par. 2 Asylum Ordinance 2). In general, the cash allowance is paid by SEM or IOM at the airport before departure (article 78 Asylum Ordinance 2);
an individual return assistance of up to CHF 3’000 (per person or family) for the realization of a professionally or socially oriented integration project can be granted (article 74 par. 3 and 4 Asylum Ordinance 2). This individual return assistance can be in- creased up to CHF 5’000 for special reintegration needs (e.g. professional and housing needs, hardship cases or large families) (article 74 par. 4 Asylum Ordinance 2). In gen- eral, the individual return assistance is paid by IOM in the country of return (see also article 78 Asylum Ordinance 2);
an individual return assistance for medical reasons: purchase of medicine or also payment for medical treatment received following return, and medical assistance during the return journey (article 75 par. 1 Asylum Ordinance 2).
A traveling allowance of CHF 100 per adult (however not more than CHF 500 per family) can be granted for covering traveling expenses. This allowance can be increased up to CHF 500 for a single person, and up to CHF 1’000 per family (article 59a Asylum Ordinance 2).
The application for individual return assistance must be submitted to the competent cantonal RCS. The SEM decides on the granting of individual return assistance upon request of the cantonal RCS and in accordance with article 62 to 64 and 73 to 78 of the Asylum Ordinance
The application includes the form “Individual Return Assistance Canton” (see Annex 3 to Directive III/4). The application for individual return assistance (project) includes the project plan in accordance with Annex 4 to Directive III/4. The RCS can assist in the preparation of the project application. In addition, the IOM can help to obtain the necessary information in the specific country.
The IOM offices and the Swiss diplomatic missions are regularly involved in assisting returnees on location, paying out return money, doing project follow-up supervision or assessing social and medical settings, among other things.
In countries with above-average emigration and/or political importance, the SEM makes a basic contribution towards financing an IOM office to ensure the support of returnees. At present, this is the case in Afghanistan, Gambia, Iraq, Somalia and Sri Lanka. In addition, returnees from those countries (except Somalia), who have submitted a project proposal, can visit a business training course.
In the FAC, the SEM offers the same return assistance with the exception of the increased additional return assistance. Individual return assistance in the FAC is granted according to the status of the asylum procedure, country specific situations and the duration of stay of each individual (article 74 par 5 of the Asylum Ordinance 2). For persons in airport transit and in cases of hardship, in particular for people who are considered to be vulnerable due to their family situation, age or state of health, the SEM may abstain from the degressive form of the return assistance.
The application for return assistance includes the form "Individual Return Assistance BAZ" (see Annex 3 to Directive III/4) and, if applicable, the project plan in accordance with Annex 4 to Directive III/4
In the case of a voluntary or compulsory onward journey to a third country which does not correspond to the country of origin, individual return assistance may also be granted in accord- ance with article 76 par. 1 of the Asylum Ordinance 2 if the person concerned is entitled to permanent residence (at least one year) in the concerned third-country. People that travel to a third-country which are exempt from visa requirements for a stay of up to three months cannot receive individual return assistance (article 76a par 1 of the Asylum Ordinance 2).
According to article 93, section 2 of the Asylum Act programs abroad may also pursue the goal of contributing to the prevention of irregular migration. Irregular migration prevention programs are those that contribute in the short term to limiting the risk of primary or secondary migration to Switzerland. In addition to individual return assistance, these structural aid projects seek to improve infrastructural settings in certain countries of origin with the goal of preventing irregular migration.
According to article 93, section 2 of the Asylum Act programs abroad may also pursue the goal of contributing to the prevention of irregular migration. Irregular migration prevention programs are those that contribute in the short term to limiting the risk of primary or secondary migration to Switzerland. In addition to individual return assistance, these structural aid projects seek to improve infrastructural settings in certain countries of origin with the goal of preventing irregular migration.