Questão jurídica principal
Whether the appellant qualified for an exception from immigration quota measures under Art. 13(f) OLE due to extreme personal hardship.
Decisão extraída
No; the situation did not amount to an extreme personal hardship case.
Fundamentação extraída
The Court held that the relevant ties to Switzerland were not so close as to make return to Brazil unreasonable. The appellant’s stay after 1998 was largely the result of repeated procedures and an abuse of process, illegal stays are generally not counted in hardship assessments, and his integration and relationships did not outweigh his strong ties to his home country.