Facts
The Kurdish X., originally from Turkey, entered Switzerland on October 3, 1988, where he unsuccessfully sought asylum. On February 10, 1993, the Federal Office for Refugees provisionally admitted him on the basis of the political activities he had carried out here. It recognized him as a refugee but denied him asylum due to subjective post-flight reasons.
X. subsequently made repeated efforts to obtain a residence permit in order to bring his family to Switzerland. The Foreigners' Police of the Canton of Graubünden last rejected a corresponding application on September 7, 1998. The Department of Justice, Police and Health and the Administrative Court of the Canton of Graubünden confirmed this decision on December 8, 1998 and March 5, 1999 respectively.
X. has filed an administrative court appeal against this, requesting that the contested decision be overturned and that the Foreigners' Police of the Canton of Graubünden be instructed to issue him the annual residence permit for the purpose of family reunification.
Considerations
The Federal Supreme Court does not enter into the appeal, as the temporarily admitted refugee, based on national law, does not have a secured right of residence that would entitle him to be granted a residence permit.
Such a right does not arise from Article 8 of the ECHR either, as the issue of family reunification is now regulated in asylum law under Article 51(5) of the Asylum Act and Article 39 of the Asylum Ordinance 1. The decisive…