Facts
The Tunisian national [X.] was sentenced by the High Court of the Canton of Zurich to a custodial sentence of 28 months for multiple serious drug trafficking offenses. The court also ordered his expulsion from the country for a period of 5 years. [X.] appealed against the expulsion order. [X.] came to Switzerland at the age of 15 as part of a family reunification, together with his two sisters. He attended secondary school but dropped out of his vocational training. Prior to his arrest, he had been working at the airport for just under 3 years. He is the father of three children, two of them with Swiss mothers. He has a son with his Tunisian ex-wife, from whom he is divorced. The High Court examined whether there was a serious personal hardship that would justify waiving the expulsion order. It concluded that while there was a certain hardship due to the loss of contact with the two older children, the public interest in the expulsion order outweighed this due to the serious drug offenses. A violation of Art. 8 ECHR (right to family life) or Art. 12 CRC (Convention on the Rights of the Child) was denied.Considerations
The Federal Supreme Court upheld the judgment of the High Court. It held that the lower court had not arbitrarily established the facts and had correctly weighed the private…