Facts
The appellant, a Nigerian citizen, entered Switzerland in 2004 and unsuccessfully applied for asylum. He stayed in Switzerland illegally until 2007 and was repeatedly punished for illegal residence. In 2009, he re-entered Switzerland and married a Kenyan woman residing in Switzerland. He was granted a residence permit to stay with his wife, which was last extended until August 7, 2013. The marital community was abandoned in 2012.
The Migration Office of the Canton of Zurich rejected the application for further extension of the residence permit in 2014 and expelled the appellant from Switzerland. The appeal against this decision was unsuccessful. The appellant requested the Federal Court to overturn the judgment and extend his residence permit.
Considerations
The Federal Court examined whether the appellant met the requirements for successful integration within the meaning of Art. 50 para. 1 lit. a AuG. The lower court had rejected the claim for extension of the residence permit due to lack of successful integration.
The Federal Court found that the appellant had been successfully integrated since 2012, as he was able to support himself, had no debts, and behaved correctly. The fact that he was criminally convicted during his first stay in Switzerland did not preclude integration, as it was a minor penalty.
The Federal Court found that the…