Revocation of the expulsion of a long-term foreign resident in Switzerland

Facts

The appellant, a man born in Kosovo in 1974, entered Switzerland in 1989 and received a settlement permit in 1991. He married a woman from his home country in 1995 and has three children, all born in Switzerland and holding a settlement permit. The appellant was convicted several times, including for gang theft, property damage, and trespassing. The Migration Office of the Canton of Lucerne expelled him from Switzerland in 2008, which was confirmed by the Administrative Court of the Canton of Lucerne.

The appellant applied to the FSCA for revocation of the decision and extension of his settlement permit. He claimed that the expulsion violated his right to be heard and the obligation to provide reasons, and that the lower court had incorrectly established the facts.

Considerations

The FSCA examined the proportionality of the expulsion and found that the appellant had indeed been convicted several times, but had only committed minor offenses in recent years. It found that the expulsion was not proportionate, as the appellant and his family were well integrated in Switzerland and an expulsion would severely affect the family personally and financially.

The court pointed out that expulsion after…