Expulsion of a recognized refugee due to repeated criminal offenses

Facts

The 31-year-old Turkish national [A.] was convicted by the Criminal Court of Basel-Landschaft for multiple thefts, trespassing, defamation, assault, violation of the Foreigners Act, and unauthorized consumption of narcotics. The court imposed a custodial sentence of 17 months and 20 days, a fine of 60 daily rates, and a penalty of CHF 500. It also ordered his expulsion from the country for a period of 8 years. [A.] appealed against the expulsion order, which was confirmed by the Cantonal Court of Basel-Landschaft. Subsequently, [A.] filed a criminal law appeal with the Federal Supreme Court, requesting the revocation of the expulsion order.

Considerations

The Federal Supreme Court dismisses the appeal. It finds that [A.] is considered a recognized refugee, as he benefited from family asylum under the now-repealed Art. 51 (2) of the Asylum Act. Therefore, the Refugee Convention must also be taken into account when ordering the expulsion under Art. 66a (2) of the Criminal Code.

According to Art. 32 (1) of the Refugee Convention, a refugee lawfully residing in Switzerland may only be expelled for reasons of national security or public order. The Federal Supreme Court considers the delinquency of the appellant, which has extended over a long period and has taken increasingly…