A department head in Switzerland’s Office for Migration, Integration, and Citizenship in Basel-Country has been accused of illegally denying hundreds of EU citizens the right to reside in Switzerland, in many because they had previously committed minor criminal offences.
The 49-year-old woman, who was on trial this week, is accused of using her position of power within the department for unlawful purposes. She allegedly informed hundreds of EU citizens who had a record of very minor infractions committed in their countries of residence, that they were not entitled to a Swiss work permit.
She apparently acted this way knowing fully well that barring these individuals from entering Switzerland was a violation of the Free Movement of Persons agreement, which allows for very few restrictions on entry.
Unjustified decisions
Under the terms of the agreement, Switzerland can only restrict access to nationals of the European Union and EFTA states (Norway, Iceland, and Liechtenstein) if it can be justified on grounds of protecting public order, security, or population’s health.
However, based on the ruling of the European Court of Justice, which Bern has also adapted, the freedom of movement for EU/EFTA citizens can be curtailed if, for instance, their presence in Switzerland could cause disturbance to public order; present serious risk to the country; or threaten the interests of local communities.
Non-serious offences, on the other hand – such as minor traffic violations that do not pose a threat to public safety – are usually not taken into account when granting permits.
But according to a report by SRF public broadcaster, the officer in question did not distinguish between the two types of offences when she refused almost 500 EU nationals their permits.
READ MORE Can foreigners with a criminal record get a Swiss work permit?
Sneaky actions
And according to the public prosecutor’s office, the defendant acted sneakily: instead of informing rejected candidates officially of the reasons for the denial of entry and informing them about legal remedies available to them – as is required by migration authorities – she sent them informal letters in order to prevent appeals, “which would likely have been successful in most cases,” the SRF said.
In all, the woman herself, or employees acting on her behalf, are alleged to have sent at least 489 such ‘refusal’ letters.
As the defendant worked for the cantonal migration office from January 2020 to August 2024, she “harassed foreigners for years,” the SRF said.
Since then – and what is clearly a curious but not totally surprising twist – she has been employed by the far-tight Swiss People’s Party (SVP).
