Facts
The complainant, a Serbian national, entered Switzerland in 1988 and received a settlement permit in 1999. In 2007, she was warned under alien law due to receipt of social assistance and accumulation of debt. Despite this warning, her debt burden continued to increase. The Migration Office of the Canton of Basel-Stadt revoked her settlement permit and expelled her from Switzerland. The lower court dismissed the appeal.
The complainant requests the Federal Court to overturn the judgment and grant her free legal aid. She claims that the revocation of her settlement permit is disproportionate and violates her right to respect for private and family life.
Considerations
The Federal Court examines whether the revocation of the settlement permit is lawful. It finds that the complainant has continued to accumulate debt intentionally despite the warning under alien law. The lower court was entitled to assume intentional indebtedness, and the grounds for revocation under Art. 63 para. 1 lit. b AuG are therefore met.
The Federal Court further examines whether the revocation of the settlement permit is proportionate. It finds that the public interest in revocation is demonstrated by the existence of a statutory ground for revocation. The complainant has been resident in Switzerland for around 25 years, but there is no evidence of successful integration. The lower court was entitled to assume that contact with the adult children can be maintained from the home country.
The Federal Court finally examines whether the revocation of the settlement permit violates the complainant's right to respect for private and family life. It finds that the…