Facts
The appellant, a lawyer, represented his client in a foreign law procedure. The Administrative Court of the Canton of Zurich partially upheld the appeal and referred the matter back to the Migration Office. At the same time, it imposed court costs of CHF 1,000.- on the appellant. The appellant challenged this cost imposition before the Federal Court.
The Federal Court had to examine whether the cost imposition on the legal representative in a public law procedure was admissible and whether the appellant had been granted legal hearing before the decision was made.
Considerations
The Federal Court examined its jurisdiction and the prerequisites for admission of the appeal ex officio. It found that the cost imposition on the legal representative was a self-contained, appealable final decision, as the appellant was not a party to the original procedural relationship and the cost imposition was not dependent on the main issue.
The court stated that the appellant had not been granted legal hearing before the decision was made, as he could not comment on the cost imposition. This violates Art. 29 para. 2 Cst., which guarantees the right to legal hearing.
The Federal Court…