The nervousness in the Federal government in Bern is great. Feverishly hone the officials on the final Details of the asylum reform, which applies from March in Switzerland. The core of the Reform significantly faster procedures, as well as legal representatives who can advise asylum-seekers in the Federal centres free of charge.
The SVP had called, this legal representative in the political debate as "free lawyers". Behind it lies the fear that, because of the free legal advice to asylum-seekers to a complaint flood the Federal administrative court.
research shows now that there is a system that is shortly before the Start of the Reform, in fact, related problems, at the origin of the free lawyers. However, because of a complaint by flood.
Suddenly, state-of-the Kurd without a legal representative since
The example of the young Kurds illustrates this. In the spring of 2018, the man requested asylum in Switzerland. His case was operating according to the coincidence principle, the so-called test in the Canton of Zurich. Here, the state Secretariat for Migration (SEM) tests in 2014, the new asylum model, with the accelerated procedure and the so-called free lawyers.
at First, it looked for the young Kurds. Be allocated to the legal representative defended him in flaming letters. He wrote that his client had been in Turkey in prison. He will be deported, threatened him with this fate again – especially as he is involved politically for the Kurds. The young man was being followed by the agents of Erdogan. At the same time, the Islamists had pushed against him death threats.
The asylum decision-makers of the SEM did not believe the story, however. At least they rejected the application for Asylum and ordered an eviction. The Deportation to Turkey would have been quick to completed.
Anything other than hopeless
Hardly the decision of the asylum authority had fallen, the allocated legal representative with a Bang. His justification: He was of the opinion that it was hopeless to appeal to the Federal administrative court.
The young Kurd fell from the clouds. Because in the new asylum, the deadlines, the procedures are very short, he had to immediately use a new, external attorney to find who was willing to write for him a complaint.
He managed, his case is now pending at the Federal administrative court. However, it is clear now: His case is anything but hopeless. In an Interim ruling, the judge holding that in the complaints of the Kurds-formulated request would not appear "due to a summary Desk review as hopeless". The chances are so intact that he can remain in Switzerland.
Around 1400 francs per asylum seekers
show How to research, such constellations, in which the asylum seekers of injustice, the futility of their procedure in a view, not rare. "We have a number of such cases," says Samuel Häberli, Director of the asylum organization course of action. And Noémi Weber, business Manager, says the Swiss Observatory for asylum and aliens law: "This issue is known to us."
As one of the main reasons for the stoppage of asylum experts see the flat-rate compensation. As a lawyer per asylum seeker in the Zurich test, operating approximately 1400 francs, no matter how complicated and lengthy the case. This is problematic, says Weber, of the asylum centre. This System "enticed the legal representative, does not cover the cost increase cases". The also Häberli of the free space of action: The legal representative would focus on those cases, the legal prospects seem to be. This, however, would fall, inevitably, "some cases through the mesh".
External lawyers now want to make a damage claim
the SEM Confronted with the allegations, refers to the depth of the complaint rate in the test operation in Zurich. So it had been from 2014 to 2018, a total of 727 complaints to the Federal administrative court. Of which 25 are approved. And of these, 4 complaints from external lawyers had been filed. The SEM but can not answer, as often mandates because of the futility of low – let alone be paid for, whether this is justified or not.
the Bern legal advice centre, which is responsible for the legal representation in the test operation in Zurich, provides no Numbers. Similarly, the organization is in Detail commented on the allegations. A spokesperson refers to the law that grant the legal representatives the possibility of a mandate due to futility. And: "According to the prevailing doctrine and practice, there is no requirement for the complaint survey."
the sensitivity of the sudden Resignation of the free attorneys can be had Walter Kälin, Professor Emeritus of constitutional and international law at the University of Bern, 2015 recorded in a report. Kälin wrote, in the Wake of the resignation due to hopelessness, the danger was that the legal representatives of the "civil law liable to pay damages could be".
package new 2000 Swiss francs per case
Meanwhile, there are several external legal representatives, the want to go down this path. The Bernese lawyer Michael Steiner oversees an asylum seeker in the Zurich test operation, the mandate of the Bern legal advice centre. He is now calling for his clients ' damages, "because the free lawyer has not performed his obligation".
Despite the criticism the Federal government is holding on to the System with the packages. Recently, the SEM awarded in a public tender, the mandates for the legal consultations in the six Federal asylum centres. The surcharges were organisations such as Caritas or charity. In the case of two centers involved, the Bern legal advice.
a New package in the section should amount to about 2,000 francs per case. You have simply selected the best quality deals at the best price, as stated by the SEM, the prices would be set by the provider. Cheaper it seems: With a flat fee of 1,400 Swiss francs, no one wanted to take over the legal representation.
Created: 10.02.2019, 09:57 PM