Federal Administrative Court Separation of powers violated by denial of residence permit
The Federal Administrative Court has reprimanded the State Secretariat for Migration. According to a recent ruling, its practice regarding the issuing of residence permits violates overriding law.
26.06.2024, 12:00
SDA
The background to this is a provision in the Foreign Nationals Act. Currently, the federal government can refuse to give its consent to the issuing of a residence permit by cantonal authorities. This also applies if a cantonal court has decided otherwise.
In this specific case, a Portuguese national suffering from cancer and unable to work applied for a residence permit in 2015 - based on the right to remain provided for in the Agreement on the Free Movement of Persons. The Office for Population of the Canton of Vaud rejected his application. In 2019, the Vaud Cantonal Court upheld the man's appeal. The ruling was not appealed to the Federal Supreme Court.
According to a ruling published by the Federal Administrative Court on Wednesday, the SEM refused to allow the man to remain in Switzerland. According to the Federal Administrative Court, such a practice violates the principle of separation of powers and fundamental procedural guarantees enshrined in the Constitution and the European Convention on Human Rights.
