Question juridique clé
Whether the departmental non-entry decision for non-payment of the cost advance was lawful despite the appellant's alleged indigence.
Solution extraite
Yes. The court held that § 38(2) VRG expressly allows non-entry if the advance is not paid, and the appellant failed to show that he was actually unable to pay.
Motifs extraits
The right to free access exists only if the case is not hopeless. The earlier finding of hopelessness had been confirmed by the Federal Supreme Court. The appellant did not substantiate financial inability; the court also considered that only a minimal advance of CHF 300 had been set.