Facts
The complainant, a Macedonian national, entered Switzerland in 1995 and was granted a settlement permit for the canton of Bern. In 2003, he was sentenced to 14 years in prison for aiding and abetting attempted murder, murder, and robbery. The Office for Migration and Civil Status of the canton of Bern ordered the expulsion of the complainant on an indefinite basis from the date of his release from prison on 30 November 2004. The appeal against this ruling was rejected by the Police and Military Directorate of the canton of Bern, and the Administrative Court of the canton of Bern upheld this decision.
The complainant requested the Federal Court to overturn the decision of the Administrative Court and to refer the matter back to the lower court for further clarification. He argued that the expulsion was disproportionate and that he had a well-developed social network in Switzerland.
Considerations
The Federal Court examined the jurisdiction and admissibility of the appeal and concluded that the appeal in public law matters was admissible. The complainant had been convicted of serious violent offenses, and the Federal Court found that the expulsion was justified under Art. 10 para. 1 lit. a FNO.
The Federal Court freely reviewed the immigration-related balancing of interests and found that the expulsion was proportionate. It took into account the severity of the complainant's guilt, the duration of his stay in Switzerland, and the disadvantages that he and his family would face. The Federal Court concluded that the expulsion was necessary to protect public safety and order.
The Federal Court also rejected…