Facts
The Yugoslav national [B.] from Kosovo filed an asylum application in Switzerland in June 1995. The Federal Office for Refugees rejected his asylum application in August 1995 and ordered his departure. Since [B.] was not granted temporary admission, the Department of the Interior of the Canton of St. Gallen subsequently withdrew all of his social welfare benefits. [B.] filed an administrative court appeal against this withdrawal.Considerations
The Federal Supreme Court decided as follows:- The withdrawal of social welfare benefits for rejected asylum seekers who were not granted temporary admission is governed by Arts. 20a and 20b AsylA and Arts. 10 et seq. of the Asylum Ordinance 2. Therefore, the administrative court appeal is admissible. - The Federal Supreme Court recognizes an unwritten constitutional right to the guarantee of subsistence, which also applies to foreigners. The complete withdrawal of social welfare benefits therefore constitutes an interference with this fundamental right and requires a legal basis. - The provisions of the Asylum Ordinance 2 on the withdrawal of social welfare benefits are generally…