Facts
X. (born 1962) is from Bangladesh and applied for asylum in Switzerland in 1995. His complaint against the negative asylum decision was rejected in 1998. Despite unsuccessful efforts to have the asylum and expulsion decision reconsidered, X. continues to reside in Switzerland. On May 21, 2007, he applied to the Migration Office of the Canton of Basel-Landschaft for a residence permit on humanitarian grounds, which was rejected. Likewise, his request for the issuance of a work permit on August 20, 2009 and August 10, 2010 was rejected by the Migration Office and the Government Council of the Canton of Basel-Landschaft. The Federal Supreme Court dismisses the appeal filed against this.
Considerations
The Federal Supreme Court states that the ban on employment for rejected asylum seekers under Art. 43 para. 2 AsylA is generally compatible with the right to respect for private life under Art. 8 ECHR. However, an exception may apply in extraordinary situations if the person concerned has been residing in Switzerland for many years and is dependent on emergency assistance.
In the present case, X. has been residing in Switzerland for 15 years and has not been employed for over 13 years, which has led to his dependence on emergency assistance. The employment ban thus interferes with his right to private life to an extent that calls into question the purpose and intent of the regulation. The public…