Facts
The Angolan national [X.] entered Switzerland in 1999 and filed an asylum application, which was rejected. Due to difficulties in obtaining documents, he could not be deported from Switzerland so far. In March 2003, [X.] was checked by the Bern city police and convicted of a violation of the NarcA to a fine. Thereupon, the Migration Service of the Canton of Bern ordered the exclusion of [X.] from the territory of the municipality of Bern, except for appearances upon official summons. The Administrative Court of the Canton of Bern dismissed an appeal filed against this.Considerations
The Federal Court notes that the measure of inclusion or exclusion pursuant to Art. 13e of the Federal Act on Foreign Nationals' Residence and Permanent Settlement (RSFNA) is permissible if the foreign national disturbs or endangers public security and order, in particular to combat the illicit drug trade. The concrete suspicion of committing criminal offenses in the drug milieu, as is the case here through the possession of a small amount of marijuana in combination with the presence in the vicinity of the drug scene, is already sufficient.
The Federal Court considers the exclusion of the appellant from the territory of the municipality of Bern to be proportionate, as it is…