Facts
[A.] is a Kenyan national. On August 16, 2016, she filed an asylum application under a false identity after entering Switzerland via Italy. The State Secretariat for Migration did not consider the application. On January 3, 2017, [A.] filed a request for a recovery and reflection period and the issuance of a short-term residence permit for the duration of the police investigation and criminal proceedings, citing that she had become a victim of human trafficking. The Migration Office of the Canton of Zurich did not consider the request.
[A.] filed an administrative appeal against the rejection of her request. The Federal Supreme Court upheld the appeal.
Considerations
According to the principle of the exclusivity of the asylum procedure, an asylum seeker cannot initiate a procedure for the issuance of a residence permit under the Foreigners Act during the pending procedure, unless there is an obvious entitlement to its issuance.
[A.] cannot derive such an entitlement from the Foreigners and Integration Act (AIG) or the Ordinance on Admission, Residence and Employment (VZAE). However, an entitlement to a permit arises from Art. 14 para. 1 lit. b of the Convention on Action against Trafficking in Human Beings, which has a self-executing character. This entitlement also exists in light of Art. 4 of…