The analyses of origin carried out by LINGUA are one of the instructional measures available to the SEM for conducting asylum procedures. They are linked to the obligation of all asylum seekers to disclose their identity (Asylum Act, SR 142.31, Art. 8 para. 1 let. a). Analyses of origin can be conducted during the preparatory phase (Asylum Act, Art. 26 para. 2) or during the extended procedure (Asylum Act, Art. 26d).
The principle of conducting analyses of origin in the context of the asylum procedure was first mentioned in the Message on the Federal Decree on Urgent Measures in the Area of Asylum and Foreign Nationals of 13 May 1998 (98.028, p. 3231).
Regarding the enforcement of removal orders, the Ordinance on the Enforcement of Removal and Expulsion of Foreign Persons (VVWAL, SR 172.021, Art. 3) mentions the possibility of using language analyses to determine the identity and nationality of persons who have been subject to a return ruling.
Because the names of the experts commissioned by LINGUA and their reports are not published, the Swiss Asylum Appeals Commission (ARK, now the Federal Administrative Court) ruled in a decision of October 20, 1998 (EMARK 1998/34) that LINGUA reports cannot be considered formal expert opinions in the legal sense (Federal Act on Administrative Procedure and Federal Act on Federal Civil Procedure). However, they can be given increased probative value if the chosen procedure meets certain minimum requirements to ensure reliability, objectivity, and neutrality. The use of LINGUA analyses to verify the origin of asylum seekers is thus confirmed by case law and has been firmly established in asylum procedures in Switzerland for many years.
The LINGUA report is one piece of evidence among others and, as such, must be considered in the context of the entire file and the specific circumstances of the individual case. It should also be emphasized that a report can only provide information on the geographical and/or linguistic environment in which an asylum seeker was primarily socialized, not on their nationality.
Last modification 14.01.2026
