Facts
The Zürcher Kinder- und Jugendheime Foundation (Stiftung zkj) applied to the Federal Department of Justice and Police for a stay of proceedings regarding recognition as a contribution-eligible educational institution, as the question of the affiliation of the home in [A.] to the transit home [B.] and the associated cantonal recognition was still pending. The department rejected the stay application, whereupon the Stiftung zkj filed a complaint with the FJA.
The Stiftung zkj argued that the outcome of the ongoing negotiations on the connection of the home in [A.] to the transit home [B.] was of decisive importance for the proceedings pending before the department and that a stay should therefore have been ordered. The FJA examined the admissibility of the complaint and the justification of the stay application.
Considerations
The FJA examined the admissibility of the complaint and found that the complaint was directed against an interim decision, which is only admissible if it is open to appeal against the final decision and if it results in a non-reparable disadvantage for the complainant.
The court reviewed the justification of the stay application and found that the department's rejection of the stay application did not violate federal law. The department had justified the rejection of the stay application by stating that an affiliation of the home in [A.] to the transit home [B.] or a associated recognition by the canton of Zürich would, if applicable,…