Facts
X., a Turkish national born in 1953, has made several illegal stays in Switzerland since 1975 and has worked there without authorization. He has been convicted several times for violations of the Federal Act on Foreign Nationals' Residence and Permanent Settlement. In 2002, the Federal Office refused to exempt him from the measures limiting the number of foreigners under Art. 13 let. f RSFNA. X. appealed against this decision, which was confirmed by the Federal Department of Justice and Police. The DFC dismissed the appeal.Considerations
The DFC recalls that Art. 13 let. f RSFNA, which allows certain foreigners to be exempted from the limitation measures, has an exceptional character and must be interpreted restrictively. For a personal case of extreme hardship to be recognized, the foreigner must be in a situation of personal distress that is increased compared to the average foreigner. The duration of an illegal stay in Switzerland is not decisive, as one must not reward persistence in violating the law. The authority must examine whether the foreigner is in a state of distress for other reasons justifying an exemption, taking into account his family relationships, state of health, professional situation, social integration, etc.
In this case, the DFC considers that X.'s situation does not constitute a personal case of extreme hardship. Although he has resided in Switzerland for more than 20 years, the…