Facts
The complainant, a citizen of the Federal Republic of Yugoslavia (Kosovo), worked as a seasonal worker in the canton of Zurich from 1987 to 1991. In 1991, his seasonal permit was converted into an annual residence permit for gainful employment. In 1993, his wife and children moved to Switzerland. The complainant was no longer able to pursue his gainful employment due to illness from 1995 onwards. The aliens' police of the canton of Zurich rejected the application for extension of the residence permits and set a deadline for the complainant and their family to leave the cantonal territory.
The government council of the canton of Zurich rejected the appeal against this ruling. The administrative court of the canton of Zurich did not consider the complaint, as it denied a legal claim to the residence permit. The complainants filed an administrative court appeal with the Federal Court.
Considerations
The Federal Court examined whether the complainants have a legal claim to the extension of the residence permit. It found that federal law does not provide a claim to the issuance of a residence permit, unless the foreigner or their relatives living in Switzerland can invoke a special provision of federal law or an international treaty.
The court investigated whether the complainants can derive a legal claim from the right to respect for private life (Art. 8 ECHR) or the prohibition of discrimination (Art. 8 para. 2 Cst.). However, it came to the conclusion that the duration and intensity of the complainants' ties to Switzerland are not sufficient to exceptionally establish a permit claim under this title.
The court also rejected the complaint of…