Facts
A.A. is from the Dominican Republic and entered Switzerland in 2002. There, she gave birth to her son B.A. in 2002, who was recognized by the German national C. As a result, A.A. received a residence permit to stay with her partner or the son. The cohabitation was dissolved in 2004, after which A.A. lived with her son in a women's shelter and a protected mother-child institution. Her residence permit was regularly extended until 2012, although the mother and child were dependent on social assistance.
In 2013, the Migration Office of the Canton of Zurich refused to renew A.A.'s permit, as she had been receiving substantial social assistance over the years. The cantonal legal remedies were unsuccessful.
Considerations
The Federal Court dismissed A.A.'s appeal. It stated that the new constitutional article Art. 121a BV, which provides for independent immigration control by Switzerland, is not directly applicable in the present case, as it requires implementation through negotiations with the EU and legislation.
According to the established case law of the Federal Court, the Agreement on the Free Movement of Persons (AFMP) takes precedence in the event of a conflict of norms. The Federal Court confirmed that the so-called "Schubert practice", according to which deliberately deviating statutory law can take precedence, does not apply in relation to the EU and the areas covered by the AFMP.
With regard to the application of Art. 24 Annex I AFMP, which regulates the residence of persons without gainful employment, the Federal Court concluded…