Glossary entry

German term or phrase:

Abschreibungsbeschluss

English translation:

closing order (without prejudice)

Added to glossary by Michelangela
Jul 9, 2023 16:44
10 mos ago
31 viewers *
German term

Abschreibungsbeschluss

German to English Law/Patents Government / Politics Asylum application
Swiss Confederation
Federal Department of Justice and Police (FDJP)
State Secretariat for Migration SEM
Asylum Directorate

Asylgesuch ... Abschreibungsbeschluss

Google translates it as "write-off decision".

Proposed translations

+1
2 hrs
Selected

closing order (without prejudice)

See my reference entry. This term is clearly specific to Swiss law, as corroborated by your context.
Note from asker:
Thanks!
This term sounds the most natural and appropriate in context. The applicant withdrew the application and therefore the SEM is closing the case, rather than issuing a decision.
Peer comment(s):

agree Andrew Bramhall : Sounds very natural to my ears;
13 hrs
Something went wrong...
4 KudoZ points awarded for this answer.
19 hrs

SEM negative asylum decision / SEM negative decision of recognition of refugee status

asylumineurope.org
https://asylumineurope.org › ... › General
If the SEM considers however that an applicant is not eligible for the refugee status or that there are reasons for their exclusion from asylum,[17] it will issue a negative asylum decision. In this case, the SEM has to examine whether the removal of the applicant is lawful, reasonable and possible.

Asylum in Switzerland | Platform Migrant Children
http://www.enfants-migrants.ch › ...
After considering the grounds for the asylum application, the SEM delivers a positive or negative decision of recognition of refugee status.

21 Questions and answers on Swiss asylum procedure - HEKS
https://www.heks.ch › default › files › documents
PDF
4 What are the reasons for a rejection of my asylum application (negative decision)?
Your asylum application is rejected and you will have to leave Switzerland if, according to the authorities, the above-stated reasons for asylum do not apply or you were not able to prove them convincingly OR if another European country is responsible for processing your asylum application.

Asylum in Switzerland - UNHCR Switzerland and Liechtenstein
https://help.unhcr.org › switzerland

g. What if I get a negative decision?
If you were neither granted asylum and a B-permit nor a provisional admission and an F-permit, your asylum application has been rejected.

In this case, you will be asked to leave Switzerland. You might be returned by force if you do not leave Switzerland within the deadline given to you.

If you think the decision is not correct, you can appeal against it at the Federal Administrative Court. We recommend that you contact your legal representative in the federal reception centre. He or she will explain everything to you and help you with the appeal, unless he or she concludes that an appeal has no chances of success.

If you receive a negative decision and you are not living in a federal reception centre, but in a cantonal centre, then you can contact a legal advice office in this canton for advice. A list of the legal advice offices in Switzerland is available here.

Please be aware of the very tight time limits for such an appeal. If you wish to appeal, we recommend that you contact your legal representative immediately.

In Switzerland, UNHCR generally does not intervene in individual cases and we do not provide individual legal representation nor counselling.

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Note added at 21 hrs (2023-07-10 14:10:14 GMT)
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aka SEM asylum inadmissibility decision

Asylum - SWI swissinfo.ch
https://www.swissinfo.ch › society

Negative decision
If the SEM considers that the asylum seeker does not fuflil the criteria for refugee status, the decision is negative and the person is asked to leave the country within a set period of time, or else risks forced expulsion to their country of origin. Rejected applicants, including minors, may be imprisoned prior to their deportation.

If no readmission agreement exists with the state of origin, the person cannot be forcibly returned and is asked to leave Swiss territory of their own accord. If they decide to stay, they will not be able to work, receive training or bring family members. They will not be entitled to social assistance, but only emergency assistance.

If the general situation in the country of origin is too bad (i.e., war or armed conflict) and deportation would violate Switzerland’s obligations under international law, the person may be granted temporary admission. They are then given an F permit, which entitles them to seek work immediately, but only to bring family members after three years and subject to conditions.

Appeal
Applicants may appeal to the Federal Administrative Court against any negative decision or inadmissibility decision issued by the SEM.

The time limit for appeal varies according to the procedure: five working days in a Dublin procedure, seven working days in an accelerated procedure and 30 days in an extended procedure. The Federal Administrative Court rules in second and last instance, which means that the person concerned can only appeal once against a negative asylum decision.

Artikel E5 Der Abschreibungsbeschluss - SEM
https://www.sem.admin.ch › verfahren › hb-e5-d
PDF
Neben dem Nichteintreten auf ein Asylgesuch und der Beurteilung durch Asylgewährung oder Ablehnung besteht mit dem formlosen Abschreibungsbeschluss eine dritte Erledigungsform für den Abschluss eines Asylverfahrens. Bei einem formlosen Abschreibungsbeschluss handelt es sich um eine prozessuale Erledigungsform mit dem Inhalt, dass das Verfahren nicht fortgesetzt, sondern als gegenstandslos abgeschrieben wird.

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Note added at 1 day 5 hrs (2023-07-10 22:17:10 GMT)
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dismissal of a case by SEM

Asylum decision - SEM
https://www.sem.admin.ch › asyl
1 mar. 2019 — Applicants have the right to appeal in the Federal Administrative Court (FAC) against a negative decision or the dismissal of a case by SEM.

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Note added at 1 day 5 hrs (2023-07-10 22:27:19 GMT)
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@Asker: Thanks for your timely clarification. Please disregard the proposed translation in my answer.
Note from asker:
Well, the nuance/situation is that the applicant withdrew it and therefore case closed, rather than a negative decision.
Peer comment(s):

neutral Steffen Walter : This would be "Abschiebung(sbeschluss)", in my view ("Wegweisung" in Switzerland).
47 mins
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Reference comments

29 mins
Reference:

Have you seen ...

... https://www.proz.com/kudoz/german-to-english/finance-general... ?

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Note added at 34 mins (2023-07-09 17:19:06 GMT)
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https://www.swlegal.com/media/filer_public/80/7a/807aa1ca-2f... uses "closing order".

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Note added at 35 mins (2023-07-09 17:20:06 GMT)
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... i. e. "order to close the case/proceedings".

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Note added at 2 hrs (2023-07-09 19:23:59 GMT)
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... because this "Finance" question has a legal background.
Note from asker:
Why would I consider a financial term in a law context?
Closing order seems correct.
Peer comments on this reference comment:

agree philgoddard : Though your second reference translates it as 'closing order without prejudice ', which is an important distinction.
2 hrs
True, but they also use the short form "closing order" in several other instances in the ref.
Something went wrong...
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