Federal administrative court: Refusal of license C for a young Kenyan born in Switzerland

The Federal Administrative Court (TAF) has confirmed the refusal to grant an establishment permit to a young 17 -year -old Kenyan born in Switzerland. The teenager lives in Lausanne with her parents, both officials from a specialized UN agency. Like them, it has a legitimizing card issued by the Federal Department of Foreign Affairs (DFAE), a status which places it outside the ordinary regime of the law on foreigners.

In 2017, his request for naturalization had already been rejected. She then tried to obtain a C license, with a favorable notice from the canton of Vaud. But the State Secretariat for Migration (SEM) has refused, believing that the years spent in Switzerland under legitimation map cannot be taken into account until the person remains subject to this status.

The TAF confirms this position in a judgment in principle: the young woman still lives with her parents, does not exercise professional activity and remains covered by the special regime reserved for families of international officials.

The appellant denounced an inequality of treatment with the children of foreigners subject to ordinary law. But the TAF considers that diplomatic status is based on a clear legal basis and includes specific privileges provided for by international law. The SEM decision is therefore confirmed. The judgment being final, no recourse to the Federal Court is possible.