Facts
Zairian nationals, the [K.] spouses and their three children, entered Switzerland in 1990 and filed asylum applications, which were rejected in 1991. In 1994, the Vaud Cantonal Office for Asylum Seekers informed the Federal Office for Foreigners of its intention to issue the family a residence permit outside the quota. However, in 1995, the Federal Office for Foreigners refused to exempt the family from the measures limiting the number of foreigners.
The [K.] family appealed against this decision, emphasizing the difficulties they would encounter in Zaire, particularly in terms of housing, employment and schooling for the children. Their appeal was dismissed by the Federal Department of Justice and Police, and then by the Federal Tribunal.
Considerations
The Federal Tribunal recalled that Art. 13 letter f of the Ordinance Limiting the Number of Foreigners (OLE) has an exceptional character and that the conditions for recognizing a case of hardship must be assessed restrictively. The foreigner must be in a situation of personal distress that is increased compared to the average foreigner.
Although the [K.] family is well integrated in Switzerland and would face difficulties upon their return to Zaire, the Federal Tribunal considered that these circumstances were not sufficient to constitute a personal case of extreme gravity within the meaning of Art. 13 letter f OLE. Indeed, the parents…