Facts
The Iranian national [S.], born in 1962, entered Switzerland with her family in 1993 and filed an asylum application, which was rejected in 1996. Although her mother and two siblings were deported to the USA, the cantonal migration office tolerated [S.] and her sister Z. in Switzerland. In 2007, the Office of Social Security ordered their exclusion from the social assistance system with expulsion from the asylum structure, so that they would only receive emergency aid from January 1, 2008 onwards. The office further stated that this would terminate the existing health insurance coverage and that [S.] would have to leave the apartment by March 31, 2008.
On May 31, 2011, the office informed [S.] that since she had not filed any applications for emergency aid for three years, she was presumed to be economically self-sufficient, and therefore she would no longer be supported from July 31, 2011, and the collective health insurance would be converted into an individual insurance. [S.] then claimed emergency aid and continuation of the previous health insurance on June 18, 2011.
Considerations
The Federal Supreme Court concluded that [S.], as an emergency aid-eligible, rejected asylum seeker, is obligatorily health-insured under Art. 92d KVV from August 1, 2011, and that the premiums are to be assumed by the Office of Social Security. However, the linking of the assumption of premiums with the condition that [S.] must leave the apartment financed by third parties and move into a cantonal collective accommodation is inadmissible.
The Federal Supreme Court justifies this by stating that Art. 92d KVV does not…