Facts
A., a Croatian national born in 1974 in Bosnia and Herzegovina, arrived in the canton of Fribourg in January 1992. He has been convicted several times for offenses such as breach of trust, theft, and fraud. In 2017, the Correctional Court of Broye and North Vaud sentenced him to a custodial sentence of 42 months for various offenses committed between 2011 and 2016, without, however, ordering his expulsion from Swiss territory.
The Department of Economy, Innovation and Sport of the Canton of Vaud revoked A.'s settlement permit based on this criminal conviction. Seized of an appeal, the Cantonal Court annulled this decision. The State Secretariat for Migration then filed a public law appeal with the Federal Tribunal.
Considerations
The Federal Tribunal considers that when a criminal judgment does not address the issue of the expulsion of a foreigner, even implicitly, the administrative authorities cannot revoke his residence or settlement permit solely on the basis of this criminal conviction. Indeed, Articles 62(2) and 63(3) of the Foreign Nationals and Integration Act (FNIA) prohibit such a revocation if the criminal judge has "refrained" from ordering expulsion.
According to the Federal Tribunal, this "refrainment" must be interpreted broadly and…