7 hours agoKosovar is expelled from Switzerland, the cause of an anonymous letter
Periskopi(8 years ago)
(8 years ago)In November 2003, the Albanian from Kosovo, then 42, had married a patriot who had permanent permission to stay in Switzerland. Through this marriage, he had received permission to stay, which had enabled him to live in Switzerland. Without filling 5 years, the couple split in 2008, [...]
Without filling five years, the couple split in 2008, writes azonline.ch. Authorities object to the stand-by permit, while only five days before it was completed the Swiss residence deadline, the former wife helps and wants to rejoin her. Thus, Kosovar, again wins permission to stay in Switzerland.
But his joy was futile, for two months after that, officials receive an anonymous witness that the link between two persons was not true broadcast albinfo.ch. So, in other words, their relationship was only on paper and that it involved an abuse of law.
In view of this, the Office for Migration in Aragau launches an investigation and makes a decision in February 2016 not to continue its residence permit, Kosovar and orders his expulsion from Switzerland, broadcast albinfo.ch.ch. He rejects the decision by exploiting all possible Swiss judicial instances until the Federal Court as the highest.
His lawyer has demanded that his client continue his residence permit and not be expelled from Switzerland. The Administrative Cantonal Court had come to the conclusion that Kosovar was not living with his lawful wife and, based on this fact, was not fair in his claim to continue his permission to stay in Switzerland.
The authorities had therefore acted correctly when they had decided not to follow the permit and expel the person in question, conveys albinfo.ch. The court also pointed out that there was no obligation to reveal the identity of the person who had sent anonymous evidence that the marriage had been annulled.
Canton's Administrative Court said the situation represents a so-called serious case.
Based on all of this, the Federal Court of Switzerland has also objected to the initial lack of consideration. According to her, in the complaint made, Kosovar had only described the shortcomings the letters had with anonymous testimony.
While, as court judges have stressed in question, Kosovo could have had a chance at all with its complaint. Thus, he in his complaint at the Federal Court had really testified that Canton's Administrative Court had overlooked the fact that his pre-marriage children and grandchildren lived in Switzerland and that he had a close family report with them.
But, Lausanne judges have added, he had not indicated in complaint how many family reports are in line with the criteria the European Convention on Human Rights envisions to enable him to keep his residence in Switzerland. He did so, even though the Administrative Court had asked him to relate that fact.
