Facts
The appellant, an Italian national, was born in 1988 and came to Switzerland in his first year of life. He grew up in various external groups and returned to Switzerland in 2006, where he became addicted to drugs and was convicted multiple times. The Migration Office of the Canton of St. Gallen revoked his settlement permit and expelled him from Switzerland. The appellant lodged a complaint with the FSCA and requested the annulment of the decision and the re-issuance of the settlement permit.
The lower court had established that the appellant had been drug-dependent since 2006 and had been convicted multiple times, including for robbery, theft, and violation of the Narcotics Act. The appellant had also served an unconditional prison sentence of 22 months and had been fined several times.
The appellant argued that the revocation of his settlement permit violated Art. 13 Cst., Art. 5 Annex I AFMP, and Art. 8 ECHR. He claimed that he had grown up in Switzerland, had no ties to Italy, and that the Italian authorities would not take him in.
Considerations
The FSCA examined the complaint and came to the conclusion that the revocation of the settlement permit was lawful. It found that the appellant had not made any efforts to change his life or undergo therapy despite repeated crimes and drug-related problems.
The court found that the appellant did not fall within the scope of protection of Art. 8 ECHR, as he did not have qualified relationships with Switzerland and his integration into society had not been successful. It…