Facts
Parties: Appellant [A.] , Migration Office of the Canton of Basel-Stadt, Department of Justice and Security of the Canton of Basel-Stadt.
Subject: Non-renewal of the residence permit and expulsion.
Proceedings: The appellant, a Turkish national, initially received a residence permit based on a marriage to a Swiss citizen. After the divorce, the permit was not renewed, and an expulsion was ordered. The appellant filed an appeal against the decisions of the cantonal authorities.
Main issue: The appellant disputes the findings of the lower court regarding his failure as an entrepreneur and his economic integration into Switzerland.
Considerations
1. Admissibility of the appeal: According to Art. 83 lit. c No. 2 FSCA, the appeal in public law matters in the field of foreign nationals' law is inadmissible against decisions concerning permits to which neither federal law nor international law grants a claim. The appellant invokes Art. 50 para. 1 of the Foreign Nationals Act (AuG), which is sufficient for the admission of the appeal. The remaining prerequisites for a decision on the merits are fulfilled, so the appeal is admissible.
2. Establishment of facts and arbitrariness: The Federal Supreme Court bases its judgment, as a rule, on the facts established by the lower court. Correction CO supplementation is only possible in the case of obvious inaccuracies CO violations of the law. The appellant claims that the lower court has obviously incorrectly established the facts by attributing the failure of the restaurant business to him. However, the Federal Supreme Court confirms that the appellant, as a sole proprietor registered in the commercial register, is responsible for the failure of the business, as he violated…