Facts
Fahrudin Sofic, a national of Bosnia-Herzegovina, first entered Switzerland as a seasonal worker in 1990. In November 1994, the Foreigners' Police of the Canton of Appenzell Ausserrhoden applied to the Federal Office for Migration for the conversion of his seasonal permit to an annual permit. The Federal Office rejected the application. Sofic then filed a complaint with the Federal Department of Justice and Police, which was also unsuccessful. Sofic filed an administrative court appeal to the Federal Supreme Court, requesting that the Department's decision be overturned and that he be exempted from the quota restrictions of the Limitation Ordinance.Considerations
The Federal Supreme Court upheld the appeal. It stated that while Sofic did not meet the time requirements for the ordinary conversion of his seasonal permit to an annual permit under Art. 28(1)(a) BVO, as one season could not be counted due to military service in 1992, there was a serious personal hardship case within the meaning of Art. 28(1)(b) BVO.
On the one hand, due to the restriction of conversion possibilities to EFTA and EU nationals introduced in 1995, Sofic would no longer be able to obtain an annual permit in the future. On the other hand, unfortunate circumstances had led the…