Facts
The Pakistani national [A.] has been residing in Switzerland since the year 2000. His asylum application was rejected in 2002 and he was ordered to leave Switzerland. Despite several attempts to have the asylum decision reviewed, the deportation has not been carried out so far. In 2015, [A.] applied to the Office for Economy and Labour of the Canton of Zurich for the issuance of a work permit, which was however rejected. [A.] filed a complaint against this rejection, which was dismissed by the Administrative Court of the Canton of Zurich and ultimately by the Federal Supreme Court.Considerations
The Federal Supreme Court states that according to its case law (DFC 138 I 246), the ban on employment for rejected asylum seekers under Art. 43 para. 2 of the AsylA is generally compatible with Art. 8 ECHR (right to respect for private and family life). An exception could only apply in extraordinary situations, such as if the enforcement of the deportation is objectively impossible for objective reasons. In the present case, however, [A.] has not shown that independent departure from…