Facts
The complainants, [A.] , [B.] , [C.] , and [D.] , are Macedonian nationals who have been living in Switzerland since 1994. [A.] and [B.] are married and have two children, [C.] and [D.] . [A.] has committed several offenses and was warned twice. The family's financial situation is tense, and several debt collection proceedings and certificates of loss are pending.
The Migration Office of the Canton of Thurgau did not renew the residence permit of the complainants and expelled them from Switzerland. The Administrative Court of the Canton of Thurgau confirmed this decision. The complainants filed a complaint with the Federal Court and request the annulment of the decision and the renewal of their residence permit.
Considerations
The Federal Court admitted the complaint and overturned the decision of the Administrative Court. The non-renewal of the residence permit and the expulsion of the complainants are only permissible if the requirements of Art. 62 AuG are met. The Federal Court found that the lower court had established the facts incompletely and had not taken into account the current circumstances at the time of the decision.
The Federal Court also found that the lower court had insufficiently evaluated the evidence submitted by the complainants regarding debt restructuring up to the time of the decision. The lower court should have considered the efforts to repay debts claimed by the complainants up to the time of the decision and, based on this, clarified the debt situation.
Therefore, the Federal Court remanded the case to the lower court to clarify the circumstances, in particular the debt situation at the time of…