Rheinfelden border crossing: A Serb from Aargau definitely has to leave the country.
He came to Switzerland at the age of 15, and now has to leave the country at the age of 49: a Serbian citizen finally loses a long battle in the Federal Court. The list of his legal violations is long.
A 49-year-old Serb from the canton of Aargau has spent more than two thirds of his life in Switzerland: Nevertheless, he now has to leave the country. He lost a long battle against the Aargau Migration Office in the Federal Court.
He came to Switzerland as a 15-year-old in July 1990, the year after reunification in Germany. He entered Switzerland as part of family reunification and received a residence permit. He married a countrywoman twice. Both marriages fell apart. At least the second woman moved back home with their son.
The then Aargau immigration police warned the Serb in 1998 and 2000, and the second time was preceded by a verdict for multiple fraud including a conditional prison sentence of 14 days. The third warning followed in 2015, this time issued by the Aargau Migration Office, which had replaced the immigration police. The reasons given were his delinquency and indebtedness. The office threatened to revoke the residence permit and deport him.
Six years later, in June 2021, it no longer renewed his residence permit. The Serb defended himself in vain through several instances before he was dismissed with a complaint before the Federal Court.
High debts, various violations of the law
The list of his punishments is long and the mountain of debt is high: it amounts to around 282,000 francs. In addition, there are ongoing seizures and open debt collections amounting to 44,000 francs. From 2016 to 2020, his taxable income was between 48,000 and 57,600 francs. From 1995 to 2017, he was convicted 32 times, mostly for violations of the Aliens and Road Traffic Act as well as debt enforcement law, as can be seen from the judgments of the Federal and Higher Courts.
The Serb’s lawyer argued in federal court that the European Convention on Human Rights had been violated in his case. There is no reason to justify not extending the residence permit. This is also disproportionate because his private interest outweighs the public interest.
The Federal Court, however, comes to a different conclusion when weighing up interests. Despite certain integration deficits, it recognizes the Serb’s close relationship with Switzerland. Due to the long period of stay, there is also great private interest in remaining in Switzerland.
However, this is reduced in view of the only partially successful integration of the 49-year-old in Switzerland. The judge and the two judges of the Federal Court accuse him of being unable to justify his debt and of having reacted inadequately to the migration office’s warning. Therefore, there is “no guarantee” that anything will change in his behavior. The public interest in ending his stay therefore outweighs the private interest in remaining in Switzerland.
2024-01-15 07:11:15
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