SECOND SECTION
Application no. 30349/13
K. U.
against Switzerland
lodged on 7 May 2013
STATEMENT OF FACTS
The applicant is a Sri Lankan national of Tamil origin who arrived in Switzerland as a young child and has lived there ever since with his parents and siblings. In 2010 he was sentenced for having committed grave crimes. After that, the Cantonal Office for Migration revoked the applicant’s residence permit and ordered his expulsion to Sri Lanka. The applicant appealed against this decision before the Federal Supreme Court claiming that his expulsion would be in breach of Articles 3 and 8 of the Convention.
COMPLAINTS
Under Article 3 of the Convention the applicant claims that if expelled he would be at risk of ill-treatment because the Sri Lankan government is likely to suspect him of supporting the Liberation Tigers of Tamil Eelam (LTTE). He had been an active member of the Tamil Youth Organisation in Switzerland where he had met several leaders of the LTTE. Pictures of him with those leaders had been online on the website of the organisation. Furthermore, he states that the LTTE suspects any Tamil, who had lived abroad for many years, to be a traitor and (financial) supporter of the LTTE.
Under Article 8 of the Convention the applicant claims that he lived almost his entire life in Switzerland which he considers as his home country. He claims that he has strong social, cultural and family ties to Switzerland where his friends and family are living. He alleges that he speaks perfect German, has completed obligatory school and is working in Switzerland. By contrast, his linguistic and social ties to Sri Lanka are not very strong. He also claims that his expulsion is disproportionate because he does not pose a risk to public safety in Switzerland. Furthermore, as a Tamil he would be subjected to discrimination in Sri Lanka and it would be impossible for him to find a job. Therefore, his private interests in staying in Switzerland outweigh the public interest of the State in expelling him. An expulsion would thus breach his rights to respect for family and private life.
QUESTIONS
1. In the light of the applicant’s claim and the documents which have been submitted, would he face a risk of being subjected to treatment in breach of Article 3 of the Convention if the expulsion order was enforced?
2. In the light of the applicant’s claim and the documents which have been submitted, would his rights under Article 8 of the Convention, in particular his right for respect of private life, be breached if the expulsion order was enforced?
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