CERD/C/84/D/50/2012 4.10 The State party finds that the petitioner has not, or has not properly, exhausted domestic remedies designed to protect his fundamental rights. The domestic courts have not had an opportunity to consider whether or not there was discrimination within the meaning of article 8, paragraph 2, of the Constitution, or within the meaning of the Convention, with respect to foreign nationals’ status in law. Merits 4.11 The State party notes that the petitioner’s status does not depend on his national origin. His status, and the disadvantages associated with it, can be changed if he meets the personal criteria for obtaining a residence permit. Moreover, the author has not demonstrated that his national origin is an impediment to his obtaining a residence permit. The fact that he has not obtained a residence permit derives from his personal situation and not his national origin or his race. In its ruling of 22 February 2007, the Administrative Tribunal of the Canton of Vaud found that the petitioner had not shown that he could support himself in a sustainable fashion (he was wholly supported by the canton of Vaud) even though he could have entered gainful employment. These arguments do not appear to be without foundation given the State party’s competence to regulate immigration. Controlling immigration is not against the Convention and would be a violation only if the measures used actually concealed racial discrimination. 4.12 The petitioner claims that he was unable to work but complains that he was required to inform the Employment Office whenever he obtained work. In fact, under article 85, paragraph 6, of the Foreign Nationals Act, anyone admitted on a temporary basis may enter gainful employment subject to authorization. In the canton of Vaud, since at least 2000, in the authorization procedure the authorities do no more than look at the conditions of employment. Thus, contrary to the petitioner’s claim, there was and is nothing to stop him looking for work. The State party adds that, since the Foreign Nationals Act entered into force on 1 January 2008, persons admitted on a temporary basis have unlimited access to the Swiss labour market and have been declared a target group in the encouragement of integration. In light of the foregoing, the State party considers the petitioner’s claim in respect of access to employment to be unfounded. Furthermore, this position is underpinned by the State party’s reservation to article 2, paragraph 1, of the Convention. 4.13 As to access to university education and the right to freedom of movement throughout the country, the State party notes that there is no written trace of any application by the petitioner for admission to the University of Lausanne for the year 2000. He may have obtained information verbally but no written application seems to have been made. In 2008 the author sought admission on the basis of application to the Social and Political Sciences faculty at the University of Lausanne. His request was turned down on 26 March 2008 as it did not meet the criteria under article 85 of the Regulations to the Act of 6 July 2004 on the University of Lausanne.9 In its letter of rejection, the Matriculation and 9 Article 85. Administrative requirements An application for admission may be submitted by: Swiss nationals, Lichtenstein nationals, foreigners resident in Switzerland (“C” permit), other foreigners resident in Switzerland and who have held a Swiss work permit for at least three years, and political refugees, provided that they meet the following supplementary requirements: GE.14-41526 (a) Professional or upper secondary qualification; (b) Equivalent of three years’ full-time post-qualification employment; (c) A duly constituted and submitted application; (d) Successful completion of the various stages of the admission procedure; (e) Completion of the administrative formalities for matriculation. 9