Facts
The Federal Supreme Court upheld the expulsion of a foreign national who was sentenced to a high three-year custodial sentence for attempted grievous bodily harm. The appellant, a national of Eritrea, had entered Switzerland illegally in 2015 and filed an asylum application, which was granted in 2016. He was recognized as a refugee and granted asylum in Switzerland.
The Federal Supreme Court concluded that the expulsion of the appellant is justified despite his refugee status. The appellant had deliberately provoked the dispute and, together with two compatriots, brutally assaulted the victim. He showed a considerable degree of willingness to use violence and criminal energy. Although he was recognized as a refugee, he was unable to demonstrate any individually concrete circumstances of risk in the event of a return to Eritrea.
The Federal Supreme Court stated that the expulsion is justified despite the appellant's refugee status. He cannot invoke the prohibition of refoulement under the Refugee Convention, as he has been convicted of a particularly serious crime. Nor is there any serious personal hardship that would justify an exception to the expulsion.
Considerations
The Federal Supreme Court concluded that the expulsion of the appellant is justified despite his refugee status. He had committed a serious act of violence and showed a considerable degree of willingness to use violence and criminal energy. Although he was recognized as a refugee, he was unable to demonstrate any individually concrete…