Facts
The appellant, a Kosovo national, has been living in Switzerland since 1985 and has three children who are entitled to settle in Switzerland. His residence permit has been repeatedly renewed in the past, but with conditions, as he has repeatedly committed crimes and has not resolved his financial situation. The Migration Office of the Canton of St. Gallen rejected the renewal of his residence permit because the appellant, despite several warnings, had not reduced his debts and his financial situation was still critical.
The appellant applied to the Federal Court to overturn the judgment of the Administrative Court of the Canton of St. Gallen and to allow him to stay in Switzerland. He claimed that his indebtedness was not wilful and that he had done everything in his power to reduce his debts.
Considerations
The Federal Court examined whether the appellant had a right to the issuance or renewal of his residence permit. It found that the appellant could invoke a right under Art. 50 para. 1 lit. a FNA, but only if he could prove that he was successfully integrated. The court concluded that the appellant was not successfully integrated, as he had repeatedly committed crimes and had not resolved his financial situation.
The court also examined whether the non-renewal of the residence permit was proportionate. It found that the appellant, despite several warnings, had not reduced his debts and his financial situation was still critical. The court concluded that the…