Questione giuridica chiave
Whether the appellant qualifies for an exceptional exemption from immigration limits under Art. 13 lit. f OLE.
Decisione estratta
No exceptional hardship was shown; his prior residence in Switzerland and forced departure did not justify an exemption, and his ties to Switzerland had weakened after a long absence.
Motivazione estratta
The court applied a restrictive approach to hardship cases. A return after voluntarily living abroad does not create a right to return. The appellant had lived autonomously in Chile for more than five years and did not face a comparable compelling situation to prior case law involving grave illness.