Facts
The 1986-born Afghan national X. entered Switzerland in 2001 and married a Swiss woman in 2005. He was convicted in 2010 for violating the Narcotics Act and sentenced to a conditional prison sentence of two years. The Migration Office of the Canton of Zurich refused to extend his residence permit, which was confirmed by the Administrative Court of the Canton of Zurich. X. filed a complaint with the Federal Court, which upheld the complaint.
The Federal Court's decision is based on the weighing of conflicting public and private interests. The court considered the severity of the offense, the degree of integration, the duration of presence in Switzerland, and the disadvantages threatening the person concerned and their family.
Considerations
The Federal Court confirmed in its judgment the so-called "Reneja practice", according to which a foreigner who is married to a Swiss citizen and applies for renewal of their permit for the first time or after a short period of residence, is in the event of a conviction to a prison sentence of two years, as a rule, no longer entitled to a residence permit, even if it is not possible or only difficult for the Swiss spouse to leave the country.
However, the court also emphasized that this "two-year rule" does not constitute a fixed limit that cannot be exceeded or fallen short of. The decisive factor is always the overall picture of each individual case, which must be assessed on the basis of all relevant criteria.
In the present case, the Federal Court examined the proportionality of the…