Facts

The applicant, born in 1947, is originally from the former Czechoslovakia. She entered Switzerland on 25 February 1983 and applied for asylum on 15 March 1983. Her asylum application was rejected on 4 February 1987, but a "temporary admission" (Vorläufige Aufnahme) measure was ordered on the same day. Her appeals against the rejection of asylum were dismissed. In 1990 and 1991, the applicant filed two disability pension claims, which were rejected by the compensation fund of the canton of Zurich on the grounds that she was not recognized as a refugee.

Considerations

The Federal Insurance Court considered that, in the field of social insurance, the formal notion of refugee, dependent on the granting of asylum, is decisive. Thus, only foreigners to whom Switzerland has granted asylum can claim the status of refugee within the meaning of the IV Act.

In the present case, the applicant did not obtain a decision establishing her status as a refugee within the meaning of Art. 3 of the Asylum Act. The "temporary admission" ordered in…