Facts
The complainant 1, a national of the Federal Republic of Yugoslavia (Kosovo), worked as a seasonal worker in Switzerland from 1991 to 1994. In November 1994, his seasonal permit was converted into an annual residence permit for gainful employment, which was extended in subsequent years. In September 1995, his wife and children entered Switzerland and were granted residence permits to stay with their husband and parents. Complainant 1 was no longer able to pursue his gainful employment due to a cerebral hemorrhage as of September 1995 and received a disability pension. The aliens' police of the canton of Zurich rejected the applications for renewal of the residence permits, as complainant 1 was no longer engaged in gainful employment and had to be supported by public welfare.
The government council of the canton of Zurich confirmed the rejection of the application and concluded that neither the right to respect for private and family life nor the UN Convention on the Rights of the Child could be used to derive a claim to the issuance or extension of a residence permit. The administrative court of the canton of Zurich did not consider the complaint, as there was no claim to the extension of the residence permits.
Considerations
The Federal Court examined whether the administrative court appeal was admissible. It found that the administrative court appeal against the decision not to consider the case by the administrative court was only admissible to the extent that the decision itself could be challenged with this remedy. The Federal Court concluded that the complainants could not derive any claims from the right to respect for family life and private life that would open the way to the Federal Court by means of an administrative court appeal.
The Federal Court also examined whether the complainants could derive claims from the principle of trust, the prohibition of arbitrariness, and…