Facts
The married couple M. and S. [A.] , natives of Bosnia-Herzegovina, had been staying in Switzerland as seasonal workers since 1987. In 1991, they entered Switzerland with their children and received valid residence permits until March 1992 as part of the "Aktion Jugoslawien". On April 6, 1992, they applied for asylum, which was rejected on February 4, 1993. The family was then provisionally admitted until they left Switzerland on July 11 and 15, 1999.
During their stay in Switzerland, transfers were made from the earned income of the [A.] couple to two security accounts set up by the Confederation. After their departure, they applied for the payment of the credit balances on the accounts. However, the Federal Office for Refugees presented them with various drafts of statements for allegedly incurred and reimbursable welfare costs, which led to different results.
The [A.] couple contested the existence of such costs and lodged a complaint with the Federal Department of Justice and Police, which was rejected. They then appealed to the Federal Court and requested the annulment of the decision of the Federal Department of Justice and Police.
Considerations
The Federal Court examined the admissibility of the administrative appeal and came to the conclusion that it is admissible, as it concerns a question of reimbursement of welfare costs that is not explicitly excluded.
The court applied the law ex officio and examined the question of whether the [A.] couple was in need of welfare during the asylum proceedings and provisional admission. It found that the lump sums of CHF 3,600 and CHF 4,800 that applied during the asylum proceedings are maximum amounts and can only be taken into account to the extent that the need for welfare of an asylum seeker during a certain period and their support…