Observer 01/08 Text: Dominique Strebel, Photo: Renate Wernli
13-year-old Sonia Idemudia from Nigeria does not have to return to Benin City; she is allowed to stay with her Swiss father and his family of five in Schwamendingen.
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The Swiss father had brought his daughter to Switzerland illegally about three years ago. In this short time, Sonia integrated perfectly at school and even learned to speak fluent Swiss German. Nevertheless, the Zurich migration office ordered her deportation last spring. The cantonal government upheld the decision, even though only her elderly grandparents in Nigeria could have cared for Sonia.
Fellow students and school authorities rallied to Sonia's aid. Her teacher, Jürg Wiederkehr, describes her as a "prime example of successful integration." Marc Spescha, a lawyer specializing in immigration law, called the decisions against Sonia a "catastrophe for our rule of law" (see article on "Deportation: 'Sonia should be allowed to stay here'").
The fact that the Zurich Administrative Court has now reached a different conclusion than the lower courts is primarily due to a new medical report from Time Hospital in Benin. This report shows that the 70-year-old grandmother had undergone cataract surgery on both eyes and that the 90-year-old grandfather suffers from high blood pressure and diabetes. "Therefore, the care of a 13-year-old girl no longer appears reasonable," the administrative judges wrote. There are no other caregivers: the mother has disappeared, and the uncle and aunt have moved away. The court mentions the particularly dangerous situation in Benin City, which is considered the capital of child pornography and requires a stable care situation. Furthermore, the school psychological service of the Canton of Zurich noted that Sonia reacts with great anxiety to the prospect of deportation.
At the same time, the administrative court emphasizes that Sonia Idemudia's case is a "special" individual case.
Marc Spescha, Sonia's lawyer, is very relieved by the decision, "because a human tragedy has been averted." However, he criticizes the fact that the migration office and the cantonal government were already aware of the extremely precarious care situation and the grandparents' deteriorating health. "Therefore, they could have gained an authentic picture of the situation by hearing from Sonia and could have clarified the matter long ago."