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On the threshold of the new asylum law of 2019, the canton of St. Gallen reduces the obstacles to a single action to obtain a residence permit for rejected asylum seekers. Chief Justice Fredy Fässler on the conditions for granting financial assistance.
The canton of St. Gallen is actively looking for people in difficulty in emergency situations. (Image: Anthony Anex / Keystone)
The canton of SG wishes to re-examine all cases of rejected asylum seekers, under its mandate, and not only after a request. Why?
Until now, emergency assistance was in the hands of communities. With the new asylum law, rejected asylum seekers receiving emergency assistance should no longer be distributed to communities. From 2019, they will be supported by the canton at the Vilters Emergency Assistance Center (November 28th issue).
So why does this action need it?
It is not easy to take families with children out of their schools and villages and place them in one of these centers. There the whole region rebels. The community association of St. Gallen also sees it this way. It would be unworthy and inhuman to do it. 200 people are now receiving emergency assistance in the canton of St. Gallen, so we are looking at all cases in detail. The question is: who fulfills the legal requirements to grant a hardship clause in order to obtain a residence permit for humanitarian purposes?
How is a difficulty defined?
When it comes to difficulties, it is not primarily the situation in the country of origin. This had to be examined during the asylum procedure. It is rather a question of examining the personal, social, health and economic situation of the rescuers.
Is this a punctual action?
Yes. For the moment, this is a one-time action.
Frey Fässler, Director of Security and Justice. (Image: Regina Kühne)
Do you expect to be attacked by the action in the civic canton of St. Gallen?
Communities also find this action useful and necessary. But it is of course possible that the opposition is created anyway. However, it is already recommended to approve requests for austerity in all policy areas, including the Senior Vice President. Especially when the fans see the concrete situation of the people affected and not just in the abstract an anonymous crowd and perceived as threatening.
Do you have an example?
Recently, a representative of the First Vice President hired for several rejected and convicted asylum seekers. This on the grounds that the man having changed his Christian religion, he was no longer delinquent. When people see each destiny, the reactions are different.
Since April, an interpellation SVP is pending. Among other things, it is to ensure that no incentive is created to keep rejected asylum seekers in Switzerland. Now come with your action: it does not come well.
We waited with the answer, because it was only in the final vote on the Social Assistance Act yesterday that the division of responsibilities is clearly regulated. The arrest is in the government next Tuesday. There is so much in advance: we will actually see in the future that there will be no unnecessary residual effects in these centers.
It means?
The centers will do what urgent needs really do, no more. We will see that those who can not stay are really going again.
Does not this happen today?
But. But you can not get everyone out. In part, the identity is not clarified, in part, states of residence do not recover these people, in part, these states are not brought back to these people because they are forcibly returned. With the 200 people present, we tried to bring them back to their country, without success.
Does your action concern a humanitarian approach or do you want to release public funds? If you are allowed to work, you no longer need urgent help.
It's a humanitarian approach. When transitioning to the new system, I can not demolish families with children and place them in one of the two centers, then stay there for another ten years.
All this happens only because we are unable to bring those people back to their homes within a reasonable time?
At some point it will be inhuman, for example, for people who have been here for ten years. They are left in this uncertain situation without being allowed to work.
Under what conditions do you apply for a residence permit?
Required: German language skills A2 level. There must be no criminal activity and asylum seekers must reveal their identity, even if they have no papers. In addition, they must be integrated, which they must prove in a letter of recommendation. And they must have done a job. In fact, if they can work, they have an economic side effect, but it's not the engine.
Does the federal government still have to accept the application?
If the conditions are met, I will submit the case to the State Migration Secretariat (SEM) for approval.
And the SEM grants what he previously refused? How it works?
This is not a repeat of the asylum procedure. So you do not check if a person is in danger in their home country and a return is therefore unreasonable. This occurred in the context of the asylum procedure. If there were any changes, you should start a new process.
So, how do you proceed?
It is only the overall equilibrium: can you fire these people because of the global constellation or not? This is an exclusively humanitarian approach, provided for in the Aliens Act.
How many people are affected by the action?
The canton currently has 200 emergency relief beneficiaries. Of these, we wrote about 50, which would come from the paper in question.
Are there people who could have made such a request before but who were not informed of their rights?
I do not know But with this package, we lower the threshold to facilitate access, because the new responsibilities almost force us to look more closely.
Is there not a danger that families are torn apart: the son or daughter is considered a test, the parents are not?
I can not exclude it completely. If the father has massively abandoned, it could happen. But it's no longer the exception. For families, we see that we can integrate the whole family.
Is St. Gallen the only canton to have such action?
Zurich did something similar.
Zurich is a pilot canton for the new asylum law from 2019: does the Canton of St. Gallen also want to gain experience in advance?
In Zurich, a pilot operation to test accelerated procedures took place, with lawyers recently made available to each applicant. In my opinion, there is no direct link between the pilot operation and the action in difficulty.
Who is not considered a difficulty should return to his country of origin as soon as possible?
Yes.
Who ultimately decides who has difficulties and who does not?
These cases go on my desk. If I come to the conclusion that it is not a difficult case, then that's all, but I can not decide definitively: the last word from Berne.
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