Federal Court Against Kosovo Exile, Living in Switzerland for 27 Years

Rushiti lost his job in late 2017 and has since received benefits from the unemployment office (RAV), broadcasts albinfo.ch. At the end of July 2018, he had found a new job, which he was able to begin on August 1st with a two-month trial period. But he had declared job insurance that at the new workplace it would not begin until October.

Before the court, he has argued this disagreement with the fact that he had wrongly not written on the relevant form given that he had worked in August and September. According to his explanation, he had done so because he believed that the beginning of his work was considered only the date when he had successfully completed the two - month trial period. So he does not deny deception, but he claims that he had not acted in a bad way.

Since Rushiti had until then been perfectly co-operating with RAV, there was no reason why authorities, according to the federal court, would question the accuracy of the information, submit albinfo.ch. RAV had also immediately asked Rush to present the work contract which he had not done.

That way, the benefits for August and September were miscalculated and 212 francs were paid unjustly. Had false information not been observed over time, the Supreme Court calculated that one amount of 10,082 francs would be caused.

Already convicted of forging identity documents

In addition to the extent of the expulsion from the country, the district court had sentenced Kosovo to a fine of 100 daily units of 80 francs for multiple fraud, partially remaining in the attempt. The fine was high enough because Rushiti had previously been sentenced to a fine of 40 days for falsification of identification.

This punishment was accumulated with the second work and a total sentence of 100 daily units was imposed.

The defense complaint, which has demanded acquittal, was brought down by the Federal Supreme Court. But this court approved the complaint against deportation from the country, which represents a great relief for him and his family.

Rushiti lives with a Swiss woman while having two children with the woman she had previously married and has good contact with. He also almost all the time worked or had never been dependent on social aid.

The Federal Supreme Court ruled that the complainer had the right to complain that the country's expulsion decision was unproportionate with circumstances.

In view of the fact that he had been living in Switzerland for 27 years, and so has spent most of his life here where he is rooted, years of childhood and youth, past in Kosovo ʹ contrary to the opinion of the lower court ) cannot weigh much”.

There is no public interest in deportation

Then the undisputed close relationship with boys, especially with the decade, weighs a lot. In the opinion of the Federal Supreme Court, the lower degree of trial “has wrongly ruled against the qualification of this case as “grave cases”, for what Rushiti had requested in court.

Eventually, the Federal Supreme Court does not see a prevailing public interest in driving Kosovo away.

According to the Federal Supreme Court, the violation of his predecessor, for which he was fined 40 or 60 daily units, is in the lowest possible subx0 area of the penalty framework in connection with the counterfeiting of documents and fraud”.

Regarding the recent work, the Federal Supreme Court speaks of a low level of criminal energy and a small damage it has caused or accepted.