Why did Switzerland refuse to grant citizenship to an American student?
Swiss authorities have been known to deny naturalisation requests based on seemingly trivial grounds. So were they justified in refusing citizenship to an American student?
This week, Swiss media reported the case of a 30-year-old man they called Hamza who was born in the United States and arrived in Switzerland at the age of 14.
He attended various private, international schools, mostly in Vaud and Geneva, and then went on to get a bachelor's degree in Business Administration, continuing his studies to obtain a master's degree from Webster University, an American school in Geneva.
Though Hamza seemed to be on the right path, at least education-wise, the application for Swiss citizenship he filed in Geneva was turned down by cantonal authorities. The reason for rejection was his insufficient proficiency in French. (Knowledge of a national language is one of conditions for naturalisation in Switzerland).
READ ALSO: What language tests for permits and citizenship does Switzerland impose?
What happened next?
However, Hamza persisted, appealing the canton’s decision on the grounds that he has suffered since childhood from visual motor disorders, a problem processing auditory information, as well as attention and concentration problems.
He presented medical certificates confirming this condition, one of which claimed that, given Hamza’s problems, doctors had advised his parents to only teach him English, so as not to confuse him.
Cantonal naturalisation authorities eventually relented, approving Hamza for citizenship.
But the final say was left to the State Secretariat for Migration (SEM), which then over-ruled Geneva’s decision.
"Given [Hamza’s] ability to obtain the master's degree as part of his studies in English, he could be expected to learn French," as well, SEM said.
It added that many dyslexic people in Switzerland manage, with appropriate therapy, to learn French and master it sufficiently to complete their compulsory education.
Therefore, SEM found it “incomprehensible” that Hamza was "not capable of carrying on a rudimentary conversation in French”.
Additionally, SEM argued that despite his advanced university degree, Hamza is still financially dependent on his parents. This demonstrates “an inability to interact outside Geneva’s international bubble and adjust to the Swiss way of life and customs”.
READ ALSO: What does being 'successfully integrated' in Switzerland mean?
This, however, was not the end of the story.
In response, Hamza claimed that SEM's decision “discriminated against people with disabilities, was arbitrary, and constituted an abuse of power."
He decided to appeal the ruling to Switzerland’s administrative federal court (TAF), for the final word in the matter.
As Tribune de Genève described it in an article published this week, “everyone found themselves at the end of August in front of the TAF judges".
What did they decide?
They were not really convinced by the medical reports which would justify preferential treatment.
The Court also found that that with appropriate support, “nothing prevented [Hamza] from reaching an A2 level in French”.
The judges also said that Hamza was not integrated well enough to claim Swiss nationality. They pointed out that he was not financially independent and his network of friends in Switzerland “was not considered credible…among his five friends, he included the names of his two lawyers."
The conclusion
The TAF recently rejected the appeal, ordering Hamza to pay 1,200 francs for court costs.
He will also have to leave Switzerland, since SEM has not extended his residence permit.
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This week, Swiss media reported the case of a 30-year-old man they called Hamza who was born in the United States and arrived in Switzerland at the age of 14.
He attended various private, international schools, mostly in Vaud and Geneva, and then went on to get a bachelor's degree in Business Administration, continuing his studies to obtain a master's degree from Webster University, an American school in Geneva.
Though Hamza seemed to be on the right path, at least education-wise, the application for Swiss citizenship he filed in Geneva was turned down by cantonal authorities. The reason for rejection was his insufficient proficiency in French. (Knowledge of a national language is one of conditions for naturalisation in Switzerland).
READ ALSO: What language tests for permits and citizenship does Switzerland impose?
What happened next?
However, Hamza persisted, appealing the canton’s decision on the grounds that he has suffered since childhood from visual motor disorders, a problem processing auditory information, as well as attention and concentration problems.
He presented medical certificates confirming this condition, one of which claimed that, given Hamza’s problems, doctors had advised his parents to only teach him English, so as not to confuse him.
Cantonal naturalisation authorities eventually relented, approving Hamza for citizenship.
But the final say was left to the State Secretariat for Migration (SEM), which then over-ruled Geneva’s decision.
"Given [Hamza’s] ability to obtain the master's degree as part of his studies in English, he could be expected to learn French," as well, SEM said.
It added that many dyslexic people in Switzerland manage, with appropriate therapy, to learn French and master it sufficiently to complete their compulsory education.
Therefore, SEM found it “incomprehensible” that Hamza was "not capable of carrying on a rudimentary conversation in French”.
Additionally, SEM argued that despite his advanced university degree, Hamza is still financially dependent on his parents. This demonstrates “an inability to interact outside Geneva’s international bubble and adjust to the Swiss way of life and customs”.
READ ALSO: What does being 'successfully integrated' in Switzerland mean?
This, however, was not the end of the story.
In response, Hamza claimed that SEM's decision “discriminated against people with disabilities, was arbitrary, and constituted an abuse of power."
He decided to appeal the ruling to Switzerland’s administrative federal court (TAF), for the final word in the matter.
As Tribune de Genève described it in an article published this week, “everyone found themselves at the end of August in front of the TAF judges".
What did they decide?
They were not really convinced by the medical reports which would justify preferential treatment.
The Court also found that that with appropriate support, “nothing prevented [Hamza] from reaching an A2 level in French”.
The judges also said that Hamza was not integrated well enough to claim Swiss nationality. They pointed out that he was not financially independent and his network of friends in Switzerland “was not considered credible…among his five friends, he included the names of his two lawyers."
The conclusion
The TAF recently rejected the appeal, ordering Hamza to pay 1,200 francs for court costs.
He will also have to leave Switzerland, since SEM has not extended his residence permit.
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