CERD/C/84/D/50/2012 2.6 Finally, in order to obtain work in river boats on the Rhine at Basel, the petitioner contacted the Basel cantonal job-training service, with positive results. However, his request to the Federal Office for Migration to move canton was turned down on 21 September 2005. 2.7 The petitioner also states that, despite the entry into force of the new Foreign Nationals Act on 1 January 2008, “F” permit holders still have to seek the approval of the migration services in order to be able to work. He was informed of this requirement on 12 January 2011. 2.8 The petitioner wished to renew his maritime navigation certificate in other countries (he could not renew it in Switzerland). For that to be possible, the authorities of the State party would need to issue a certificate of temporary admission or a residence permit recognized by neighbouring States. The petitioner was unable to obtain an official letter from the Swiss authorities and was therefore unable to renew his certificate. 2.9 Access to university education is also very circumscribed for “F” permit holders. He made several attempts to register at the University of Lausanne but was unsuccessful even though he considered that he met the conditions required. Holders of an “F” permit must have three years’ work experience (see University Board Guidelines on requirements for matriculation 2011/12) and, if his internships between 2002 and 2005 were taken into account (he says that Swiss law counts internships as work experience), he would have the required three years. The petitioner refers to an e-mail between the University and the Office for Scholarships of the Canton of Vaud stating that the only reason for rejecting him was the “F” permit. On the other hand, the petitioner did manage to register at the University of Geneva and asked to move from the canton of Vaud to the canton of Geneva. On 9 July 2008 the Federal Office for Migration told him that it was denying his request. 2.10 Despite having lived in Switzerland since 1999, tried many times to find work, and while waiting for work taken internships and attempted to obtain training, the petitioner has still not been given anything other than an “F” permit. In 2001, when he was working fulltime in insecure, unfair conditions and asked the Swiss authorities for a residence and work permit (“B” permit), the reply was negative on the grounds that a person needed to have lived in Switzerland for a long time to get one. The letter did not say how long. An acquaintance of the petitioner’s who had made a similar application had received a letter informing him of the required period of residence. It was from that person that the petitioner learned that he could apply after five years’ residence in Switzerland. He therefore waited the requisite length of time and submitted an application for a permit. On 8 February 2003 he received a letter informing him that his application had been dismissed (non-entrée en matière). He requested an official letter so as to be able to appeal to the courts. After several months’ wait, he received a letter setting out the grounds on 6 June 2003. His application had been dismissed on the basis of articles 4, 10 (para. 1 (d)), and 16 of the Federal Act on the Residence and Permanent Settlement of Foreign Nationals; and article 13 (f) of the Ordinance Limiting the Number of Foreign Nationals. In a decision of 28 August 2004, the Population Service of the Canton of Vaud also referred to articles 4 and 16, paragraph 1, of the Federal Act on the Residence and Permanent Settlement of Foreign Nationals, and cited a ruling by the Federal Supreme Court (judgement of 21 February 1996, Ngangu M), to the effect that federal law could not order a foreign national to be given the right to a residence permit, since that would be incompatible with article 4 of the Federal Act on the Residence and Permanent Settlement of Foreign Nationals. 2.11 In terms of access to health, in January 2008 the petitioner attempted to see a dentist but was unable to obtain the necessary treatment in time because the Migrant Reception Office of the Canton of Vaud did not issue a payment guarantee, an essential document in all dealings with the medical sector that have financial implications. 4 GE.14-41526