Facts
The Polish national A., born in 1975, has been married to a compatriot since 1997 and has four adult children. He entered Switzerland in 2010 and was granted an EU/EFTA residence permit. After several criminal offenses, including a conviction for rape, coercion, and other offenses in 2016, the Office for Migration and Integration of the Canton of Aargau revoked his residence permit. A. then moved to the Canton of Solothurn, where the Migration Office issued him a new residence permit.
In 2018, A. was convicted again for driving a motor vehicle without a valid driver's license and using a telephone without a hands-free device. As a result, the Migration Office of the Canton of Solothurn decided not to renew or to revoke his residence permit and ordered his expulsion from Switzerland.
Considerations
The Federal Supreme Court examined whether Art. 62 para. 2 of the Foreign Nationals and Integration Act (FNIA) precludes such a revocation or non-renewal. This provision is intended to prevent different authorities from assessing the same facts differently.
The Federal Supreme Court concluded that Art. 62 para. 2 FNIA is not applicable here. The 2016 conviction occurred before the new provisions on expulsion from Switzerland entered into force, so the criminal court was not in a position to refrain from ordering expulsion in accordance with A…