Facts
The Nigerian national [X.] submitted an application to the Roads and Navigation Office of the Canton of Bern for the issuance of a Swiss driving licence category B without examination. During the examination of the Nigerian driving licence he had submitted for exchange, the Forensic Technical Service of the Cantonal Police of Bern concluded that it was a complete forgery. The Roads and Navigation Office subsequently refused to issue a Swiss driving licence without examination.
[X.] filed a complaint against the decision of the Roads and Navigation Office with the Appeals Commission of the Canton of Bern for Measures against Vehicle Drivers. The Appeals Commission dismissed the complaint and ordered the confiscation of the forged Nigerian driving licence.
[X.] then filed a public law appeal to the Federal Supreme Court.
Considerations
The Federal Supreme Court set aside the decision of the Appeals Commission and remanded the case for re-assessment to the lower instance. The Federal Supreme Court reasoned that the Appeals Commission had violated the complainant's right to be heard, as it had based its assessment of the authenticity of the driving licence on reference documents without granting the complainant access to these documents.
The Federal Supreme Court further stated that the confiscation of the…