Facts
A., a national of Kosovo also holding Serbian nationality, was born on July 7, 1994 in B. He was granted a residence permit, then a settlement permit which was regularly renewed. Between 2008 and 2012, he was convicted seven times as a minor for various offenses. Subsequently, he was sentenced on November 18, 2015 to a custodial sentence of three years. The Population and Migration Service of the Canton of Valais revoked the settlement permit of the person concerned on July 21, 2016.
The Court of the 3rd District for the District of B. sentenced A. on February 20, 2018 to a custodial sentence of two years, cumulative with a fine of 1,000 francs, for various offenses, but waived his expulsion from Switzerland. The State Council of the Canton of Valais confirmed, on May 30, 2018, the decision of July 21, 2016 of the Population Service revoking the settlement permit of A.
Considerations
The Federal Court ruled that when the criminal court, in its decision of February 20, 2018, decided not to order the judicial expulsion of the appellant, it had made an overall assessment of his behavior. Therefore, the administrative authority no longer had the competence to revoke the appellant's permit on the basis of the same assessment elements, under penalty of reintroducing the dualism between the criminal and administrative authorities…