Title	Judgement FAC F-2888/2017 of 26 Sept. 2018
Publisher	Switzerland: Tribunal administratif fédéral
Publication Date	26 September 2018
Country	Switzerland | Russian Federation
Topics	Rejected asylum-seekers | Residence permits / Residency
Cite as	Judgement FAC F-2888/2017 of 26 Sept. 2018, Switzerland: Tribunal administratif fédéral, 26 September 2018, available at: https://www.refworld.org/cases,CHE_TFS,6089368f4.html [accessed 5 October 2022]
Comments	The Court recalls that the exemption clause for asylum is based on restrictive conditions. Under the Asylum Act (AsylA) and subject to the SEM’s approval, a residence permit may be granted in accordance with the applicable provisions on asylum to any person who has stayed in Switzerland for at least five years from the date the asylum application was submitted, whose place of residence has always been known to the authorities and for whom it is a case of serious hardship due to a high level of integration. The appellant fulfils the first two conditions. With respect to the third condition, the Court underlines, in particular, the misuse of procedures for the purpose of artificially extending the appellant’s stay. It reached the conclusion that the person’s track record in Switzerland to date was not of a nature that justified the granting of a residence permit.
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