Foreign Nationals and Integration Act (FNIA)

Art. 69FNIA from 2020

Art. 69 Ordering deportation

¹ The competent cantonal authority shall deport foreign nationals if:

a.

they fail to comply with the departure deadline;

b.

if their removal or expulsion may be enforced immediately;

c.¹

they are being held in detention in accordance with Articles 76 and 77 and a legally binding expulsion or removal order or a legally binding decision on expulsion under Article 66a or 66a^bis SCC² or Article 49a or 49a^bis MCC³ has been issued.

² In the case of foreign nationals who are able to travel lawfully to more than one state, the competent authority may deport them to the country of their choice.

³ The competent authority may postpone deportation for an appropriate period if special circumstances such as the ill-health of the person concerned or a lack of transport so require. The competent authority shall confirm the postponement of deportation to the person concerned in writing.⁴

⁴ The competent authority shall ensure before the deportation of unaccompanied foreign minors that he or she will be returned in the State of return to a family member, a nominated guardian or reception facilities that guarantee the protection of the child.⁵

¹ Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685).
² SR 311.0
³ SR 321.0
⁴ Inserted by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).
⁵ Inserted by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC), in force since 1 Jan. 2011 (AS 2010 5925; BBl 2009 8881).