Facts
The Turkish national A. has been living separately from her religiously married husband since 1975. In 1998, she entered Switzerland with a visitor's visa. In 2003, she unsuccessfully applied for family asylum and provisional admission. In 2009, the Federal Administrative Court dismissed her appeal but ordered that her stay in Switzerland be regulated under the provisions on provisional admission.
In 2017, A. submitted an application to the Canton of Fribourg to convert her provisional admission into a residence permit. The cantonal office rejected the application in 2019, as A. had not successfully integrated and did not present a serious personal hardship case. The appeal against this decision was unsuccessful.
A. appeals to the Federal Supreme Court in public law matters. She requests the annulment of the cantonal judgment and an order to the authorities to convert her provisional admission into a residence permit.
Considerations
The Federal Supreme Court first examines whether it can enter into the appeal. It affirms this, as A. asserts a potential conventional legal claim to regularize her presence in Switzerland.
On the merits, the Federal Supreme Court finds that although A. is restricted in her international travel behavior, she already has a legal and factual position comparable to that of a person with a residence permit. Since A. does not have to reckon with the enforcement of her expulsion at any time, her presence in Switzerland appears to be secured at least to a…