Downgrading of a previously granted permanent residence permit due to lack of integration

Facts

A. is a Kosovar national who has been living in Switzerland since 1992 and previously held a permanent residence permit. He has repeatedly committed criminal offenses, including violations of the Narcotics Act and the Water Protection Act. The Office for Migration and Integration of the Canton of Aargau subsequently revoked his permanent residence permit and issued him a residence permit (so-called downgrading), subject to the approval of the State Secretariat for Migration. A. appealed against this decision to the Federal Supreme Court.

Considerations

The Federal Supreme Court decided that downgrading is also permissible for permanent residence permits granted under the old law. However, the requirement for the approval of the SEM for the issuance of the residence permit is contrary to Art. 99 of the Foreign Nationals and Integration Act (FNIA). Art. 63 para. 3 FNIA does not generally preclude a downgrading.

In the case of a permit granted under the old law, the downgrading must be based on a current and significant lack of…