Cancer Kosovar, Swiss Court Changes Decision

Cancer Kosovar, Swiss Court Changes Decision

The Federal Court verdict states: “Revocation of residence permit results in disproportionate because of the amount of time it has passed from committing crime and because of the acute illness of the person” The Lucern Cantonal Court had issued a decision to expel Switzerland from a Kosovar who was [...]

The Federal Court verdict states: “Revocation of residence permit results in disproportionate because of the amount of time it has passed from committing crime and because of the acute illness of the person”

The Lucern Cantonal Court had issued a decision to expel Switzerland from a Kosovar who was involved in drug trade. However, because the person in question is cancer - stricken, the Federal Court has overturned judgment in question, writes Louzerner Zeitung.

The Kosovo over 50 should have left Switzerland three years ago, broadcast albinfo.ch. The Aragau Cantonal Court had convicted him of heroin trading in 2015 and had sentenced him to prison for three and a half years, which automatically leads to exile from Switzerland. The ruling in question was also confirmed by Lucerni's Department of Justice and Lucerne's Cantonal Court.

After the 2015 decision, Kosovo had filed complaints with the Federal Court without success. But in the second attempt, the complaint worked. Judges in Lozanne overturned Luceni's colleagues' decision. The reason is: The condemned person's cancer

Treatment cannot be guaranteed in Kosovo

For the Federal Supreme Court it is clear that the convicted person must be denied the right to stay in Switzerland because he has performed several other minor acts besides drug trade, for which he was also convicted. But now a particular situation arises, as Kosovo cannot guarantee “the continuation of its <x1 medical treatment.

Kosovar, who is the father of five children, has lung cancer and is subjecting himself to chemotherapy, conveys albinfo.ch. If his condition deteriorates, he must also rely on his family's support in Switzerland.

Canton must pay legal expenses

In line with the circumstances, the Federal Court verdict states: “Revocation of residence permit results in disproportionate because of the amount of time it has passed from committing crime and because of the acute serious illness of the person”.

In addition, the canton must pay Kosovo legal spending on many of the 2,500 francs.

 

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