Facts
The complainant, a Polish citizen, married a Swiss citizen in 2006 and received a residence permit EU/EFTA in 2007. After the couple's separation in 2009 and divorce in 2012, the complainant became unemployed and dependent on social assistance. The Department of the Interior of the Canton of Solothurn rejected the application for extension of the residence permit in 2013 and expelled the complainant from Switzerland. The Administrative Court of the Canton of Solothurn dismissed the appeal lodged against this decision.
The complainant lodged an appeal with the Federal Court and requested the annulment of the judgment of the Administrative Court. She argued that the lower court should have awaited the decision of the disability insurance before revoking the residence permit.
Considerations
The Federal Court examined the admissibility of the appeal and came to the conclusion that the appeal is admissible insofar as it concerns the non-extension of the residence permit. The court found that the lower court had obviously not fully clarified the relevant facts, in that it had not addressed the question of whether the complainant meets the conditions of an employed person within the meaning of Art. 2 para. 1 lit. b of Regulation (EC) 1251/70 and has a right of residence under Art. 4 para. 1 Annex I AFMP.
The court came to the conclusion that the claim under Art. 4 Annex I AFMP in conjunction with Art. 2 para. 1 lit. b of Regulation (EC) 1251/70 can only be assessed when the…