Decision on the expulsion of a criminally convicted refugee

Facts

K. was sentenced to unconditional imprisonment and a 15-year ban on entering Switzerland. Upon his conditional release, the cantonal authorities ordered his expulsion from Swiss territory. K. contested this decision, invoking his status as a refugee. The SCC had to rule on the compatibility of the expulsion of a refugee with the right of asylum.

Considerations

The SCC held that Art. 55 SCC, which allows the expulsion of a convicted foreigner, must be interpreted and applied in light of the limitations provided for by asylum law. Thus, a refugee can only be expelled if they pose a threat to internal security or public order, in accordance with Art. 43(1) ARMA. When ordering the expulsion, the criminal court must examine whether these conditions are met. However, when revoking the suspended sentence or deferring the execution of the…