Facts
{ "title": \"Non-entry on late appeal against non-entry decision of the Government Council", \"facts": \"The complainant [A.] was refused an extension of her short-term residence permit and ordered to leave Switzerland by decision of the Migration Office of the Canton of Basel-Stadt dated 7 October 2020. She filed an appeal with the Department of Justice and Security of the Canton of Basel-Stadt, which was dismissed by decision of 1 July 2021. The Government Council of the Canton of Basel-Stadt did not enter the complainant’s appeal against this decision due to late filing, by decision of 24 November 2021. The complainant filed an appeal against this non-entry decision with the Appellate Court of the Canton of Basel-Stadt as Administrative Court, which dismissed the appeal by judgment of 6 March 2022. On 5 May 2022 (date of posting), the complainant submitted an application to the Federal Supreme Court requesting an extension of her residence permit. The Federal Supreme Court informed the complainant that her submission did not meet the requirements for a reasoned appeal and invited her to remedy the deficiencies within the appeal period. No remedied submission was filed. The contested judgment was served on the Federal Supreme Court within the deadline.
", \"reasoning": \"The Federal Supreme Court first examined the formal requirements for an appeal under Art. 42 FSCA. According to this provision, submissions to the Federal Supreme Court must contain the requests, the grounds for the appeal with indication of the evidence, and the signature. The grounds must be relevant and must, in a targeted discussion of the reasons considered decisive by the lower court for its decision, plausibly show which rights or legal provisions the lower court allegedly violated. Moreover, the requests and grounds must relate to and be limited to the subject matter of the proceedings before the lower court.
The subject matter of the proceedings before the lower court was whether the Government Council was correct in not entering the complainant’s appeal. The lower court found that the ten-day period for filing the appeal under § 46 para. 1 of the Organisation Act of the Canton of Basel-Stadt (FJA/BS) had expired on 12 July 2021. The complainant had missed the deadline by more than two months. Moreover, the conditions for restoration of the appeal period were clearly not met, as the complainant had not been able to prove the alleged breakdown and had not substantiated how she had thereby been prevented from preparing written submissions. Finally, it was to be assumed that the complainant had also missed the 30-day period for filing an application for restoration of the deadline, starting from the removal of the obstacle.
In her appeal, the complainant did not address the lower court’s reasoning in a relevant manner. Instead, she merely claimed that she had missed the appeal deadline due to a breakdown after the department’s dismissive decision and health problems of her uncle. These submissions were insufficient to show that and in what respect the lower court’s judgment was obviously untenable or arbitrary. The appeal therefore did not meet…