Facts
The appellant, a Swiss citizen born in 1994, has a congenital left hemiplegia, a ventriculoperitoneal shunt and partial epilepsy, associated with moderate intellectual disability and limited autonomy. She lives with her parents in France and attended special schools in Switzerland. The Disability Insurance Office for insured persons residing abroad contributed to the costs of special educational training until December 31, 2007. The appellant applied for an extraordinary disability insurance pension, but the Disability Insurance Office of the canton of Geneva rejected her application due to the lack of a domicile in Switzerland.
The appellant appealed this decision to the Social Insurance Chamber of the Court of Justice of the Republic and Canton of Geneva, which rejected the appeal. The appellant then acted through the channel of a public law appeal to the Federal Tribunal.
Considerations
The Federal Tribunal examined whether the appellant had her domicile and habitual residence in Switzerland. It found that the center of her personal relationships was in France, the country of her parents' effective residence, and that the appellant had not transferred her center of interests to Switzerland.
The Federal Tribunal also examined whether the appellant could invoke the principle of good faith to obtain an extraordinary disability insurance pension. It considered that the appellant had received no concrete assurance from the Disability Insurance Office regarding the outcome of her application for an extraordinary pension.
Finally, the…