In a recent ruling the ECHR ruled that the Swiss Courts order of expulsion of a foreign national breached the man’s right to respect for family life. This comes after the man was convicted of transporting drugs. The applicant in this case was a man from Bosnia and Herzegovina (Bosnia). It concerned the man and his family, his wife and two children who have been naturalised as Swiss Citizens.
The applicant moved to Switzerland when he was 30 years old upon marrying his now wife. He was later arrested while transporting cocaine. The Swiss courts found him guilty of drug trafficking, taking into consideration his clean criminal record and his cooperation they gave him a suspended prison sentence. In addition to this the courts ordered his expulsion from Switzerland for five year, in compliance with Swiss law.
The Swiss courts upheld their decision on appeal finding that there would not be much hardship in his relocating as he was not well integrated into Swiss society as he spoke little German and had only had temporary jobs. The courts acknowledged his primary interest in remaining as his family and found that as his children were young they could adapt well to a new life alongside his wife, who was a qualified nurse who could easily integrate in Bosnia.
The applicant brought forward proceedings with the ECHR relying on Article 8 which guaranteed the right to respect for private and family life. The applicant claimed that the expulsion was disproportionately harsh and had an adverse effect on their family life. In the ECHR judgement, the court found that while a State did have the right and power to expel a foreign national who had committed a criminal offence, there was also a duty to give sufficient reasons and to strike a balance between the individual’s interest and public interests.
The courts then found that in the facts of the current case the national courts had failed to balance the rights of the individual alongside the public interest. The ECHR found the courts failed to give weight to the applicant’s low level of culpability in the crime and the fact that his sentence had been suspended. The applicant also had no criminal record and was a long term immigrant and that expulsion would have had adverse effects on his family. The courts also ruled that as he had since found a full time job and was not a threat to public safety that the expulsion was disproportionate and did violate the applicants Article 8 rights.