Decision on the Change of Canton of a Recognized Refugee with Settlement Permit

Facts

The appellant K., a recognized refugee from Turkey, holds a settlement permit in the Canton of Zurich. He applied for a change of canton to the Canton of Basel-Stadt, which was, however, rejected by the Police and Military Department of the Canton of Basel-Stadt. The Court of Appeal of the Canton of Basel-Stadt confirmed this rejection. Thereupon, K. filed an administrative court appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court concluded that K., as a recognized refugee with a settlement permit, generally has a right to change canton. This right arises from the Settlement Agreement between Switzerland and Turkey. The Federal Supreme Court clarified that settlement agreements also apply to refugees and they can invoke them without their country of origin having to provide them with diplomatic protection.

The change of canton can only be refused to K. if there is a ground for expulsion within the meaning of Art. 10 para. 1 ANAG and the expulsion from Switzerland would be proportionate. However, the Administrative Court had merely examined whether it was reasonable for K. to return to the Canton of Zurich. This is not sufficient to refuse the change of canton.…