Facts
The complainant X., a Turkish citizen, married a fellow countryman living in Switzerland in 2003, who was naturalized in 2004. After the birth of their common daughter Y. in 2004, the husband died in 2005. The Migration Office of the canton of Basel-Landschaft applied for an extension of X.'s residence permit, which was rejected by the Federal Office for Migration. The Federal Administrative Court confirmed this decision, as it was of the opinion that it would be reasonable for X. and her child to return to Turkey.
The complainant X. lodged a complaint and argued that her daughter Y., as a Swiss citizen, had a right to reside in Switzerland and that her departure from Switzerland was not reasonable. The Federal Court overturned the judgment of the Federal Administrative Court and approved the extension of the residence permit.
Considerations
The Federal Court based its decision on the fact that the European Convention on Human Rights (ECHR) guarantees a right to respect for family life, which also includes the right to reside in a contracting state. In cases where the departure of a family member is not reasonable, a balancing of interests must be carried out in accordance with Art. 8 para. 2 ECHR.
The court found that the daughter Y., as a Swiss citizen, had a right to reside in Switzerland and that her departure from Switzerland was not reasonable. It also took into account the fact that the mother X. had integrated into Swiss society and that her departure would lead to a separation from her daughter.
The court concluded that the public and private interests in extending the complainant's residence permit outweighed…