The interdiction of entry into Switzerland, as defined by the foreign nationals law (Art. 67 of the Federal Act on Foreign Nationals and Integration, LEI), aims to prevent individuals from accessing Swiss territory to maintain security and public order. This is a disciplinary measure, not a penal one, and it is pronounced by the State Secretariat for Migration (SEM), the main authority in this field. The SEM can pronounce this measure on its own initiative or at the request of another authority (Art. 81 of the Ordinance on Admission, Period of Stay, and Employment, OASA).
Once an interdiction of entry is pronounced, the concerned person is prohibited from entering Swiss territory for the duration of the measure's validity.
Publication in the SIS:
The interdictions of entry are published by the SEM in the Schengen Information System (SIS) according to Regulation (EU) 2018/1861 and Art. 68a para. 2 LEI. When an interdiction of entry is published in the SIS, it is valid for the notifying country (e.g., Switzerland) and the entire Schengen Area.
Conditions for Pronouncing an Interdiction of Entry:
In Switzerland, an interdiction of entry is pronounced based on Art. 67 LEI. This article distinguishes between two scenarios:
Mandatory Interdiction of Entry (Art. 67 para. 1 LEI): The SEM always pronounces an interdiction of entry when a foreign national receives a deportation order and one of the following conditions is met: The law, however, reserves the case of para. 5, which allows the SEM to suspend or refrain from pronouncing an interdiction of entry for humanitarian reasons or other significant reasons (e.g., attending a hearing, marriage, or death of a close relative). To make its decision, the authority considers the circumstances that led to the issuance of the interdiction of entry. The suspension is only valid for entry into Switzerland and does not extend to the rest of the Schengen Area. The lifting of an interdiction of entry is only granted if the concerned person no longer poses a threat to security and public order.
The deportation is immediately executable.
The person did not leave Switzerland within the prescribed time.
The person has threatened or violated security and public order in Switzerland or abroad.
The person has been sanctioned for committing or attempting to commit acts as per Arts. 115 para. 1, 116, 117, or 118 LEI.
Discretionary Interdiction of Entry (Art. 67 para. 2 LEI): The SEM has the discretion to pronounce an interdiction of entry against a foreign national in the following cases: In these cases, the pronouncement of an interdiction of entry generally does not require the existence of a deportation order. Moreover, a deportation order is not necessary when a person threatens security and public order in Switzerland or abroad and is located abroad.
The person has incurred social assistance costs.
The person has been placed in preparatory detention, detention pending deportation, or detention for non-compliance (Arts. 75 to 78 LEI).
Duration and Legal Consequences:
The maximum duration of an interdiction of entry is five years (Art. 67 para. 3 LEI). However, it can be pronounced for a longer duration if the concerned person poses a severe threat to security and public order. Jurisprudence has emphasized that an interdiction of entry must always be time-limited (Federal Administrative Court C-5819/2012 of 26.08.2014, consid. 6).
A foreign national who violates an interdiction of entry is subject to a custodial sentence of up to one year or a monetary penalty (Art. 115 para. 1 let. a LEI).
If you need further information or assistance in contesting an interdiction of entry, please do not hesitate to contact the Valentin Legal Consultation (021 351 30 00 or www.cjdv.ch) so we can assist you in your efforts.
Author: Caroline Bachelard
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