Facts
The appellant [A.] is a Libyan national who came to Switzerland with his family in 1998 and was recognized as a refugee in 1999. He initially received a residence permit and later a settlement permit. In 2005, the family moved to Olten (SO), where [A.] received a settlement permit from the Canton of Solothurn. In September 2013, [A.] began studying in Istanbul. From 15 September 2013 to 25 August 2014, he stayed abroad for over 11 months. Since he had not applied for an extension of the six-month period for the stay abroad, the Migration Office of the Canton of Solothurn determined that his settlement permit had expired. [A.] filed a complaint against this decision. The Administrative Court of the Canton of Solothurn partially dismissed the complaint and ordered the Migration Office to examine whether a residence permit could be issued to [A.] .Considerations
The Federal Supreme Court confirmed the decision of the Administrative Court. It stated that according to the case law of the Federal Supreme Court, the settlement permit expires by law if the foreign person stays abroad for more than six months without applying for an extension of the deadline. This applies regardless of the reasons or intentions of the person for the stay abroad. An exception may be made for minor children who are abroad for educational purposes, if…