Question juridique clé
Whether an asylum seeker later provisionally admitted may still request exemption from foreigner quotas under Art. 13(f) OLE
Solution extraite
Yes, once provisional admission has been ordered after rejection of asylum, the exclusivity of asylum procedure no longer bars a foreign-police request for a residence permit.
Motifs extraits
The court held that the exclusivity principle prevents foreign-police permits only during the asylum procedure; after a rejected asylum claim followed by provisional admission, the person may seek an exemption because the provisional status is precarious and may last long.