Relying in particular on Article 5 § 1 (f) (right to liberty and security), the applicants complained
about their placement and retention in the closed centre for aliens, alleging, inter alia, that they
were illegal.
Violation of Article 5 § 1 f) – in respect of the applicant children, concerning their retention in the closed centre
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.
