Facts
The appellant, an Algerian national, entered Switzerland in 1998 and filed an asylum application, which was rejected in 1998. He married a Swiss woman in 2008 and applied for a residence permit, which was rejected by the Migration Office of the Canton of Zurich. The rejection was confirmed by the Government Council and the Administrative Court of the Canton of Zurich.
The appellant has repeatedly committed crimes in Switzerland and was sentenced to a total of 16 prison terms of around 33 months. The longest single prison sentence was six months.
The appellant and his wife have filed a complaint with the Federal Court and request the annulment of the decision of the lower instance and the issuance of a residence permit for the appellant.
Considerations
The Federal Court must examine whether the appellant meets the requirements for revocation of the residence permit. Revocation can occur if the foreigner has been sentenced to a long-term prison sentence or if he has seriously violated public security and order.
The Federal Court has decided that a prison sentence is considered long-term if its duration exceeds one year. However, it has also established that the minimum one-year sentence must come from a single judgment and cannot be achieved by adding shorter sentences.
The Federal Court has also examined whether the appellant has seriously violated public security and…