Facts
The appellant, a Syrian national, was sentenced to a conditional prison term of 21 months and a fine of 25 daily rates for attempted serious bodily harm and receipt of stolen goods. At the same time, an expulsion from the country was ordered for a period of 6 years with an entry in the Schengen Information System (SIS). The appellant applied for the revocation of the expulsion and the granting of free legal aid.
The appellant has been in Switzerland since 2014 and has filed an asylum application, which was rejected in 2015. He has since been living in Switzerland with a provisional admission. The appellant argued that the expulsion would constitute a serious personal hardship case, as he has no family in Syria and his mother and brothers live in Switzerland.
Considerations
The Federal Court examined the legality of the expulsion and came to the conclusion that the lower court had rightly ordered the expulsion. The court found that the appellant had not credibly demonstrated that he would be exposed to a specific danger in Syria. The lower court had already established that the appellant would not face persecution in Syria and that the expulsion after the asylum decision in 2015 could not be enforced due to unreasonableness.
The Federal Court emphasized that the expulsion requires an individual examination and that the lower…