Facts
S. is a Polish national and has been recognized as a refugee in Switzerland since 22 April 1982. On 22 February 1989, he was sentenced by the District Court of Belfort to three months' imprisonment and five years' expulsion from the country for violating road traffic regulations. On 22 February 1991, the Department of Justice, Police and Health of Graubünden ordered the enforcement of the legally binding expulsion in accordance with Art. 55 of the Swiss Criminal Code. S. filed a complaint against this, which was rejected by the Government of the Canton of Graubünden on 17 June 1991.
S. has filed an administrative court appeal against this decision to the Federal Supreme Court, requesting that the contested decision be overturned.
Considerations
The Federal Supreme Court first examines whether the administrative court appeal is admissible. It concludes that the administrative court appeal is admissible insofar as the compatibility of the enforcement of the expulsion with the principle of non-refoulement is in question.
On the merits of the case, the Federal Supreme Court notes that the execution of the criminal expulsion results in the asylum being extinguished by law (Art. 44 para. 2 of the Asylum Act). The authority responsible for enforcing the expulsion is…