Facts
S., born in 1978 and originating from Macedonia, entered Switzerland in 1990 under family reunification and holds a settlement permit for the canton of Thurgau. On January 22, 1998, S. was found guilty by the Cantonal Court of St. Gallen of various offenses committed between 1995 and 1997 and was committed to a labor education institution pursuant to Art. 100bis of the Swiss Criminal Code. Subsequently, the Foreigners Police of the Canton of Thurgau ordered the expulsion of S. from Switzerland for a period of ten years on October 27, 1998.
Considerations
The Federal Supreme Court decided that the ground for expulsion under Art. 10 para. 1 lit. a of the Federal Act on the Residence and Permanent Settlement of Foreign Nationals (ANAG) is also given if a foreigner is merely subjected to a monistic measure such as commitment to a labor education institution. The decisive factor is that a conviction for a felony or misdemeanor has been rendered.
The Federal Supreme Court considered the culpability of the appellant to be serious, as he was convicted, among other things, of offenses against physical integrity and violations of the Narcotics Act. Despite the favorable prognosis of the Cantonal Court regarding the chances of resocialization, the public security interest…