Facts
The Czech national [A.] (born 1983) first entered Switzerland in 2008. After a marriage with a Swiss resident, from which a son was born, her residence permit was extended after the divorce due to post-marital hardship. [A.] later had another relationship with a Swiss citizen, from which a second son was born. Due to repeated criminal offenses, dependence on social assistance, and debt enforcement orders, [A.] was warned under the Aliens Act in 2017. Despite this warning, she continued to offend. On October 18, 2019, the Residents' Services, Migration, and Aliens Police of the City of Bern decided not to renew her residence permit and to expel her from Switzerland. Subsequently, on October 21, 2019, the State Secretariat for Migration (SEM) issued a two-year entry ban against [A.] . She appealed against this decision to the Federal Administrative Court.Considerations
The Federal Supreme Court overturned the interim decision of the Federal Administrative Court, which had rejected the appellant's request for free legal assistance and representation due to the futility of the legal remedy. The Federal Supreme Court concluded that the appeal against the entry ban could not be considered futile, as the SEM had insufficiently justified the entry ban. The reasoning of the SEM was deficient in two respects: Firstly, the SEM had not correctly taken into account the requirements for imposing an entry ban on persons entitled to freedom of movement like the appellant. Secondly, it was not apparent…