Facts
The applicant, a refugee of Turkish origin, was granted asylum by the Federal Refugee Office in 1994. He holds a settlement permit in the canton of Nidwald. In 1996, he moved with his family to the canton of Bern and requested authorization to change cantons. This request was rejected by the Bernese authorities on the grounds that the applicant did not have valid identity documents from his country of origin, a requirement for a change of canton under the Federal Act on Foreign Nationals' Residence and Permanent Settlement (RSFNA).Considerations
The Federal Tribunal considers that, although the applicant does not have valid identity documents from his country of origin, he can nevertheless assert the right to change cantons as a refugee holding a settlement permit. Indeed, the requirement of valid identity documents provided for in the RSFNA cannot be opposed to refugees, as it is a condition that they cannot fulfil by virtue of their very nature. Therefore, pursuant to Article 26 of the Convention Relating to the Status of Refugees, the applicant is entitled to be granted a settlement…