Expulsion from the country due to qualified violation of the NarcA

Facts

The appellant, [A.] , was found guilty by the District Court of Zurich on 30 August 2018 of multiple violations and a felony under the NarcA (SR 812.121). She was sentenced to a conditional prison term of 20 months, with a probation period of 4 years, taking into account the time already served, and to pay a fine of CHF 500, alternatively convertible into a prison term of 5 days. Additionally, an expulsion from the country for 5 years and its registration in the Schengen Information System (SIS) were ordered.

[A.] had possessed approximately 283 grams of cocaine mixture and 10 mini-grips with 5.83 grams of cocaine mixture on 17 November 2017, which she had received from an unknown person on 15 November 2017 near Bellevue in Zurich, with the instruction to store the 283 grams and return them on the evening of 17 November 2017 at the same location. For storing the drug mixture, the appellant had been promised CHF 600, in addition to the 10 mini-grips of cocaine she had already received when taking possession.

[A.] appealed and the Public Prosecutor's Office of Zurich-Sihl filed a cross-appeal. The High Court of the Canton of Zurich confirmed the first-instance judgment on 20 September 2019.

[A.] lodged a complaint with the Federal Court and requested that Dispositif paragraphs 4 and 5 of the judgment of the High Court of the Canton of Zurich of 20 September 2019 be annulled and that the expulsion from the country and registration in the Schengen Information System be waived.

Considerations

The Federal Court examined the expulsion based on the relevant criteria. The lower court had denied the existence of a serious personal hardship case. The appellant has been living in Switzerland for 27 years and has a long period of residence, which, however, does not automatically lead to a hardship case. The lower court took the appellant's period of residence into account in its considerations regarding the hardship case and correctly valued it as just one element among others.

The appellant does not dispute that she has hardly…