Question juridique clé
Whether the appellants qualified for an exemption from limitation measures under Art. 13(f) OLE due to an extreme personal hardship case.
Solution extraite
No. Their circumstances, including integration, length of stay, and the daughter's schooling, did not amount to an extreme hardship requiring exemption.
Motifs extraits
The court applied a restrictive interpretation of the exceptional clause. The mother had strong ties to Colombia and had returned despite knowing her stay was precarious. Her professional and social integration, though above average, was not exceptional enough. The daughter’s schooling and adaptation in Switzerland were noteworthy but did not amount to a complete uprooting, given her childhood and language/cultural ties to Colombia and the illegality/tolerance of her stay.