1. Entering Switzerland
2. Lodging asylum application
3. Reception and procedure centers (CEP) run by SEM determine if Dublin Regulation is applicable (interview; fingerprints)
4. CEP notifies Dublin Office
5. Dublin Office makes “take charge” or “take back” request within a deadline of 2 months since the date of lodging of the asylum application if the request is based on a positive hit in the EURODAC database, and 3 months in other cases.
6. Receiving state accepts responsibility (explicit or tacit approval in case of no reply) or denies within a deadline of 2 months since the receipt of a take charge request and 2 weeks/1 month since the receipt of the take back request.
7. If the receiving state accepts responsibility (explicitly or tacitly), notice decision to dis- miss the asylum application without entering into the substance of the case and transfer to the member state responsible is made to the asylum applicant.
8. Appeal against decision is possible within 5 working days from the date of receipt of the decision.
9. The Federal Administrative Tribunal decides on whether to grant suspensive effect to the appeal within 5 days of the submission of the appeal.
10. The Federal Administrative Tribunal decides on the appeal. The Tribunal can decide in favor of the appeal and send the case back to SEM for a new decision, which in turn can be appealed again. It can also order SEM to enter into the substance of the asylum application (thus, process the asylum application in Switzerland).
11. If the appeal is rejected, the applicant is transferred to the member state responsible within a deadline of 6 months since the judgment of the Federal Administrative Tribunal. In special cases (in particular, if the applicant is hiding from the authorities), this deadline can be extended to 12 or 18 months.
Calculation of Dublin Deadlines
The calculation of Dublin deadlines (i.e. as of when Switzerland becomes responsible) is not that easy. These are the basic rules:
No appeal:
Person did not go into hiding: 6 months from the day of approval of the other country
Person did go into hiding: 18 months from the day of approval of the other country
Appeal / Reconsideration request with suspensive effect:
Person did not go into hiding: 6 months from the day after the final court decision (issuance of decsion, not receipt thereof)
Person did go into hiding: 18 months from the day after the final court decision (issuance of decision, not receipt thereof)
That's great - in this situation you have to write a formal request to SEM to re-open the asylum procedure. You can find a template here.
Please note that you have to clarify in this situation whether you will be the legal representative in the re-opened procedure or whether you want to hand over again to the mandated lawyers in the asylum center.