Facts
The asylum seeker [X.] , originally from Nigeria, was encountered in the drug scene in St. Gallen on 19 October 2002. He was observed together with another Nigerian, who was selling cocaine to a drug addict. As a result, the Foreigners' Office of the Canton of St. Gallen ordered that [X.] must immediately leave the Canton of St. Gallen and not re-enter the cantonal territory until the granting of a regular residence permit (exclusion). [X.] filed a complaint against this order, which the Administrative Appeals Commission of the Canton of St. Gallen upheld and revoked the exclusion order.
The Federal Department of Justice and Police then filed an administrative court appeal against the decision of the Administrative Appeals Commission.
Considerations
The Federal Supreme Court states that the suspicion of committing criminal offences in the drug milieu is sufficient for ordering an exclusion under Art. 13e of the Federal Act on Foreign Nationals (ANAG). The suspicion does not necessarily have to be based on a legally binding conviction, but concrete indications that substantiate the suspicion are sufficient.
In the present case, however, the lower instance found that the single, legally unclear incident of 19 October 2002…