Facts
The appellant, a citizen of Bosnia and Herzegovina, entered Switzerland in 1982 and received a yearly residence permit. In 1984, his wife and their common son joined him in Switzerland. The appellant was convicted several times and was sentenced in 2003 to 5 ½ years in prison for attempted intentional homicide, violation of the Weapons Act, and multiple serious breaches of traffic regulations. In 2006, the appellant married a Swiss citizen. The Aliens Office of the Canton of St. Gallen refused to renew the appellant's residence permit in 2007.
The appellant appealed against this decision, arguing that the non-renewal of the residence permit was disproportionate. He invoked his right to respect for family life and his long residence in Switzerland.
Considerations
The Federal Court examined the appeal and concluded that the non-renewal of the appellant's residence permit was proportionate. The Court found that the appellant had committed a serious violent crime and that the severity of the offense and the duration of his presence in Switzerland spoke against renewing the residence permit.
The Court also pointed out that the expulsion of a foreigner who has committed a serious crime is not excluded, even if the foreigner has lived in Switzerland for a long time. The Court found that the appellant was not well integrated into Swiss…