Facts
The complainant, a Cambodian citizen, was granted asylum in Switzerland in 1979 and had lived there since. He was married and had two children. In 2001, he committed a serious crime and was sentenced to 4 ½ years in prison. The Federal Office for Refugees revoked his asylum, and the Migration Office of the Canton of Aargau deported him from Switzerland. The complainant unsuccessfully appealed to the Court of Appeal in Foreigners' Law of the Canton of Aargau and then to the Federal Court.
The Federal Court had to decide whether the deportation of the complainant was lawful. It had to consider the balancing of interests between the public interest in deportation and the private interests of the complainant.
Considerations
The Federal Court stated that the deportation of a recognized refugee is only justified if it is proportionate. All essential circumstances must be taken into account, including the feasibility of returning to the country of origin.
The court found that the complainant had lived in Switzerland for around 30 years and had founded a family. His crimes were…