Winning an Unequal Legal Battle in Switzerland
Once again, Kaveh Jourabchian successfully emerged victorious in an unequal legal dispute.
Despite facing repeated and firm opposition from the Swiss embassy in Tehran regarding his client’s request, Mr. Jourabchian did not back down. He escalated the level of objection to a higher authority, only to encounter opposition again. In response, the Farsi office of Paul and Kaveh Jourabchian took legal action and threatened to file a lawsuit in court. They presented a comprehensive defense, meticulously referencing administrative laws related to the right of residence and visa issuance, Swiss constitutions, and other pertinent international laws.
Although Mr. Kaveh Jourabchian, as the lawyer handling the case, could have refused to grant an extension to the Swiss Ministry of Foreign Affairs, based on the procedural aspects of the case and the contents of the ministry’s request, potentially winning the case with a court ruling then and there, he opted to grant the ministry’s request for additional time. This decision allowed them more time to conduct legal research.
The outcome was evident in favor of Mr. Jourabchian, as his solid legal arguments significantly limited the maneuverability of any opposing lawyer. The Swiss Ministry of Foreign Affairs’ defense revealed contradictions with both domestic and foreign laws in several instances. These contradictions did not escape Kaveh Jourabchian’s scrutiny, as he is well-versed not only in Swiss domestic laws concerning visa matters but also in the relevant laws of the European Union.
Within the given deadline, the Swiss Ministry of Foreign Affairs conducted thorough investigations and sought advice from various departments and legal authorities. Ultimately, they had no choice but to acknowledge defeat against the Farsi office of Paul and Kaveh Jourabchian personally. As a result, they ordered their embassy in Tehran to grant the request of Mr. Jourabchian’s client, marking a significant victory in this unequal legal dispute.
