Facts
Parties and procedural history: The appellant, a Tanzanian national, married a Swiss citizen in 2016 and subsequently obtained a residence permit for family reunification. The marriage was dissolved in 2021. By decision of 22 September 2022, the migration office of the Canton of Solothurn refused to extend her residence permit and ordered her removal. The Administrative Court of the Canton of Solothurn dismissed the appeal with a judgment of 7 July 2023 and set a deadline for the appellant to leave the country. The appellant then filed an appeal with the Federal Supreme Court.
Facts of the case: In October 2019, the appellant reported an incident of domestic violence by her husband, which led to a hospital stay. She subsequently moved into a women’s shelter and later lived in her own apartment. Criminal proceedings for rape and assault were initiated against the husband but were discontinued. The appellant claimed to have been a victim of systematic domestic violence and applied for a residence permit under Art. 50 para. 1 lit. b FNIA (post-divorce hardship).
Considerations
Admissibility of the appeal: The Federal Supreme Court examined the formal and substantive requirements of the appeal. It found that the appellant had asserted a potential claim to a residence permit under Art. 50 para. 1 lit. b FNIA and was thus entitled to file the appeal. The appeal was deemed admissible as it concerned a matter of public law and was directed against a final cantonal judgment.
Applicable law and standard of review: The Federal Supreme Court examined whether federal law, in particular Art. 50 FNIA, had been violated. It emphasised that the lower court had generally established the facts of the case conclusively and could only deviate in cases of obvious errors or legal violations. The appellant had to sufficiently substantiate the alleged incidents of domestic violence, while the Federal Supreme Court reviewed the lower court’s assessment of evidence only to a limited extent.
Requirements for post-divorce hardship: Under Art. 50 para. 1 lit. b FNIA, a residence permit may be granted if important personal reasons make a continued stay in Switzerland necessary. Such important reasons include, in particular, being a victim of marital violence or a severely endangered social reintegration in the country of origin (Art. 50 para. 2 FNIA). Domestic violence includes both physical and psychological abuse, provided it is systematic and severe. The appellant had to demonstrate that the violence had so severely impaired her mental integrity that remaining in the marriage was unreasonable.
Assessment of the facts: The Federal Supreme Court found that while the lower court had acknowledged the violence suffered and its psychological consequences for the appellant, it had…