Federal Supreme Court Competence of the SEM for residence permits contradicts the constitution
The SEM may refuse to approve residence and settlement permits issued by the cantons. According to the Federal Supreme Court, this is partially unconstitutional, as cantonal court rulings can be overridden. This contradicts the separation of powers.
02.05.2025, 12:00
SDA
In addition, this statutory power violates the independence of the judiciary. This is the conclusion reached by the Federal Supreme Court in a ruling published on Friday.
In the specific case, the Zurich Immigration Office refused to extend the residence permit of an Iraqi who had committed a criminal offense. The Administrative Court upheld the man's appeal and ordered the office to grant the permit.
On the basis of the Foreign Nationals and Integration Act, the State Secretariat for Migration (SEM) refused to give its consent and removed the man from Switzerland. The Federal Supreme Court considers the relevant legal provision to be partially unconstitutional, but must apply it on the basis of the Federal Constitution. It rejected the Iraqi's appeal.
