Legal representation

Art. 19 of the Asylum Act stipulates the presence of an independent aid organization representative during asylum interviews. These are private individuals who take part in the interviews of asylum seekers as neutral observers. Their presence is intended to monitor compliance with procedural rights in the asylum procedure. The aid organization representatives receive training on their task and function, but there is no quality check. Due to the high workload in the asylum system, no training courses were held from 2020 to 2023. In the reporting year, one training course was held for the aid organization representatives and one for the refugee aid staff.

The UN Refugee Agency (UNHCR) and the OCR are of the opinion that the institution of the aid organization representation is not suitable for guaranteeing the rights of asylum seekers during interviews. Although it can contribute to a fairer procedure as a neutral presence, its qualitative and professional requirements are not sufficient to effectively represent the rights of the interviewees. In order to guarantee a fair procedure, UNHCR recommends examining alternatives. For years, the UNHCR has recommended the introduction of free legal representation similar to the Swiss system.

 

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