Facts

Parties:

  • Appellants: [B.] (born 1958) and [A.] (born 1967), Iraqi nationals, with six common children.
  • Respondents: Migration Office of the Canton of Zurich and Security Directorate of the Canton of Zurich.

Facts:

  • [B.] received asylum in Switzerland in 2001 and a residence permit, later a settlement permit.
  • The family received social assistance from 2005 to 2020 amounting to CHF 568,728.90.
  • The Migration Office revoked the settlement permits in 2019 due to social assistance dependency and insufficient integration efforts.
  • The cantonal legal remedies were unsuccessful.
  • [B.] and [A.] applied to the Federal Supreme Court for the annulment of the judgment and the retention of the settlement permits.

Considerations

The Federal Supreme Court examines the appeal in public law matters and establishes that the settlement permit is legally unlimited in time and that a downgrade constitutes an intervention in a previously permanent legal relationship.

The downgrade is permissible under Art. 63 para. 2 FNIA if the integration criteria under Art. 58a FNIA are not met. The integration criteria include respect for public security and order, adherence to the values of the Federal Constitution, language skills, and participation in economic life.

The Federal Supreme…