Facts
The case concerns Agim Ajvazi, a national of the former Yugoslavia, who worked in Switzerland as a seasonal worker from 1991 to 1995. He applied for the transformation of his seasonal residence permit into an annual residence permit in October 1994, but his application was rejected by the Federal Department of Justice and Police. Ajvazi's appeal to the Federal Court was also rejected.
The key facts are as follows
- Agim Ajvazi worked in Switzerland as a seasonal worker from 1991 to 1995.
- He applied for the transformation of his seasonal residence permit into an annual residence permit in October 1994.
- The application was rejected by the Federal Department of Justice and Police.
- Ajvazi's appeal to the Federal Court was also rejected.
Considerations
Consideration 1: Admissibility of the appeal
The Federal Court examined the admissibility of Agim Ajvazi's appeal. It found that the appeal was admissible, as it concerned a decision by the Federal Department of Justice and Police regarding the transformation of a seasonal residence permit into an annual residence permit.
Consideration 2: Examination of the scope and constitutionality of the new regulations
The Federal Court examined the scope and constitutionality of the new regulations regarding the conditions for transforming a seasonal residence permit into an annual residence permit. It found that the new regulations were constitutional and did not violate the principles of equal treatment and good faith.
Consideration 3: Transitional law
The Federal Court examined the effects of the transitional law on Agim Ajvazi's situation. It found that the new regulations did not contain a genuine gap and did not violate the principle of equal treatment. It also found that the new regulations did not have retroactive effect contrary to the law.
Consideration 4: Hardship case
The Federal Court examined…