Court rules Ukrainian can stay in Zurich despite deportation order
A 38-year-old from Ukraine, who served a prison sentence in Switzerland, is allowed to remain in Zurich despite being ordered to leave. This was the ruling of the Zurich Administrative Court. As there is a risk of forced conscription, the chronically ill man can't be deported.
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Court rules Ukrainian can stay in Zurich despite deportation order
The Ukrainian was given a ten-year expulsion order in 2019 by the Zurich District Court, which had sentenced him to 6.5 years’ imprisonment for aggravated robbery, unlawful detention and assault. A further prison sentence for indecent exposure was added later.
After serving his prison sentence, he was deported to Ukraine on October 30, 2024. He later stated on record that he had been forcibly conscripted there. He said he had been abducted on several occasions and tied to a radiator in a damp, dark cellar. In addition to the psychological trauma he suffered as a result, his rheumatism had also worsened.
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He also did not receive his HIV medication, which is why his blood test results deteriorated. He was also discriminated against because of his HIV status and the fact that his mother tongue is Russian. The Administrative Court accepts his account of these events. In light of UN reports on the current human rights situation in Ukraine, it can be assumed that these accounts are true.
Following the traumatic experiences during the recruitment process, the Ukrainian returned to Switzerland – despite having been ordered to leave the country. Shortly afterwards, he was arrested and placed in the deportation detention centre at Zurich Airport.
The Administrative Court now considers it unreasonable to expect him to return to his home country. His medical conditions would not be adequately taken into account by the army. Deportation to Ukraine would, in this case, constitute a violation of human rights.
However, the Migration Office of the Canton of Zurich refuses to accept his release. It has referred the case to the Federal Supreme Court.
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Translated from German, reviewed by an English Department journalist.
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