The Federal Administrative Court shall at the request of the asylum seeker, who shall be exempted from paying the procedural costs, appoint an official legal adviser, but only in the case of appeals against:
decisions to dismiss the application, decisions to refuse asylum and return decisions under Articles 31a and 44;
decisions on the revocation or expiry of asylum under Articles 63 and 64;
the termination of temporary admission relating to asylum seekers under Article 84 paragraphs 2 and 3 FNIA373;
decisions relating to granting temporary protection under Chapter 4 of this Act.
Fussnoten
- [372] Inserted by No I of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991).
- [373] SR 142.20
An exception is made for appeals under paragraph 1 if they relate to re-examination and review procedures and multiple applications. For these and for the other appeals, with the exception of paragraph 1, Article 65 paragraph 2 of the Administrative Procedure Act applies374.
Fussnoten
- [374] SR 172.021
In the case of appeals submitted on the basis of this Act, persons with a university degree in law who are involved in counselling and representing asylum seekers professionally are also authorised to act as official legal advisers.
Paragraphs 1–3 also apply to persons whose application is decided on under the accelerated procedure and who do not make use of legal representation under Article 102h. This also applies when the legal representative assigned under the accelerated procedure does not make an appeal (Art. 102h paragraph 4).