Facts
The appellant, a German national, entered Switzerland in 2009 and was granted an EU/EFTA residence permit. After losing his job and receiving unemployment benefits, he was dismissed by the unemployment insurance fund in 2018. The Migration Office of the Canton of Schwyz revoked his residence permit in 2019 and expelled him from Switzerland. The appellant requested the cancellation of the decision and the waiver of the revocation of his residence permit.
The lower court denied the appellant's right of residence, as he could not be classified as either a worker or a person with a right of residence under Art. 4 Annex I AFMP. The appellant disputes this and claims that he can still invoke his worker status due to his previous employments.
Considerations
The Federal Court examined whether the appellant was entitled to freedom of movement and residence as a worker under Art. 6 para. 1 Annex I AFMP. It found that the lower court had made factual findings that the appellant had earned a monthly income between CHF 160.50 and CHF 635.10 as a driver for Pro Senectute and the Swiss Red Cross between April and August 2020. The lower court had concluded that the appellant did not engage in a genuine and actual economic activity, either quantitatively or qualitatively.
The Federal Court found that the lower court's factual and legal assessment was not objectionable. The appellant had not substantiated why the conditions for correcting the factual findings should be met. The lower court had also not acted arbitrarily in classifying the appellant's driving services as a marginal activity.
The Federal Court also examined whether the appellant could still invoke his worker status due to his…