In 2000, the now 35-year-old came to Switzerland. Twice he had unsuccessfully applied for asylum. He received his residence permit because he lives since 2003 with a Swiss Citizen and they made their relationship 'official' by entering a Civil Union in 2008.
The Iranian had been sentenced to 2 years probation trafficking of 71 grams of heroin. Therefore the Federal Office for Migration ordered the expulsion and put a permanent travel ban on the Iranian Citizen.
The man has appealed against that decision to the Swiss Federal Administrative Court: As a gay man he is threatened with the death penalty in Iran. International Organizations confirmed over and over again, that Iran executes homosexuals on a regular basis.
The Judge admitted that homosexuality is illegal in Iran and is punishable with a death sentence. However, the judges are of the opinion that a "systematic discrimination can not be ascertained". Homosexuality in Iranian society is "not unusual" and would "be tolerated by the authorities in everyday life," the judges said. According to the Bernese Supreme Court, as long as homosexuals don't engage in a display of potentially objectionable nature, they should have too many problems. The judges had no knowledge of a single case where someone has been sentenced to death solely based on their sexual orientation.
However the Iranian Regime is know to brand homosexuals as 'child molesters' in order to prevent a massive outcry from the international community. International Organizations have said it over and over again, that for many of the allegation there isn't a single shred of evidence.
All those facts apparently didn't impress the Swiss Federal Administrative Court. The court argued that the Iranian had visited his family 3 times - twice with his swiss partner. Since they didn't have any problems during their holidays, the judges argue that they don't expect any inhumane treatment or illegal punishment once the Iranian returns to his home country.
Source: GGG.at
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