Facts
The respondent, a Serbian national, came to Switzerland at the age of one and a half years and received a settlement permit in 2001. In 2012, he was sentenced to a prison term of three years for sexual coercion and rape. He was also convicted several times for bodily harm and threats. The Migration Office of the Canton of Lucerne revoked the settlement permit and expelled the respondent from Switzerland. The appeal against this decision was upheld by the Lucerne Cantonal Court, whereupon the State Secretariat for Migration filed an appeal with the Federal Court.
The respondent invoked Art. 8 ECHR (right to respect for private and family life) and claimed that he was severely psychologically affected and lived with his parents. He was also well integrated economically and had completed an apprenticeship.
Considerations
The Federal Court examined the proportionality of the measure and weighed the public interests against the private interests of the respondent. It found that the respondent had repeatedly committed crimes and that the exercise of domestic violence was a reason for revoking the settlement permit.
The court found that the lower court had not sufficiently taken into account the extent of the…