After 26 years, should leave a Kosovar criminals and IV-pensioners, according to the judgment of the Federal administrative court of Switzerland. Now, the European court of human rights back whistles in Strasbourg, Switzerland. Its removal is contrary to article 8 of the European Convention on human rights – the right to protection of Private and family life. According to the Strasbourg judges, the man lives with his adult children in Switzerland, of which he was dependent.
The man traveled in 1993 in Switzerland. Six years later, he married a Swiss woman. His children from a previous marriage in Kosovo also received a residence permit in Switzerland. In 2003, the man committed a rape. In 2005, he was convicted of second-instance court to imprisonment for a term of two years and three months and a conditional twelve-year-old country of reference. At the end of August 2006, the office for Migration of the Canton of Basel-land is not more extended, the residence permit. At this time, the man is divorced by his Swiss wife. About four years later – on 22. January 2010 – confirmed by the state Secretariat for Migration (SEM) the non-renewal of the residence permit.
Is since 2012 a IV-pension
The Kosovars filed a complaint with the Federal administrative court. In October 2015, the court dismissed the appeal and upheld the eviction of the man from Switzerland. At this time, the man already for 22 years in Switzerland. It has justified the eviction, it was a rape, a serious criminal Offence. Further, the court noted that the rape today is also a Anlasstat, which should lead to the Constitution of a removal order from Switzerland.
Further, the court ruled that the eviction is also due to the fragile health of the man is reasonable. The Kosovars receives since October 2012, a whole of the disability pension, because he suffers from a generalised pain syndrome, an underactive thyroid, and Depression, which he is on various medication dependent. The removal order not in contradiction to the European Convention on human rights (ECHR), because the person Concerned had to accept a significant deterioration of its living conditions and its life expectancy.
In his complaint, the Kosovars was a violation of the prohibition of inhuman and degrading treatment claim. He, too, have a right to protection of Private and family life. He further claimed that the relapse was not given the risk that he had health problems and that he needs to care for his Relatives in Switzerland.
Created: 09.04.2019, 10:56 PM
