Facts
The complainant, a Macedonian national, married a Macedonian resident in Switzerland in 2003 and was granted a residence permit. After the divorce in 2011 and despite the fact that she was a victim of domestic violence, the Migration Office of the Canton of Zurich rejected her application for an extension of the residence permit, as she had been supported by social assistance since 2008. The lower court confirmed this decision.
The complainant and her son appealed to the Federal Court and requested the annulment of the judgment and the extension of the residence permit. They argued that the dependence on social assistance was not self-inflicted and that returning to Macedonia would not be reasonable for her and her son.
Considerations
1. Admissibility of the appeal
The appeal in public law matters is admissible, as the complainant invokes a permit claim based on Art. 50 AuG. The appeal is also admissible with regard to free legal aid.
2. Right to issuance and extension of the residence permit
The complainant has a right to issuance and extension of the residence permit under Art. 50 para. 1 AuG, if she was a victim of domestic violence and successful integration exists or if important personal reasons make a further stay in Switzerland necessary.
3. Revocation of the residence permit due to dependence on social assistance
The lower court found that the complainant has been supported by social assistance since 2008 and that she has not made a serious effort to find employment. The revocation of the residence permit due to dependence…