Refusal to extend the residence permit for a foreign national who entered into a sham marriage with a Swiss citizen and has a young child born during the marriage

Facts

S., born in 1969, a national of the former Yugoslavia, entered Switzerland on March 5, 1992 with a visa for a visit of no more than three months. On June 2, 1992, S. married the Swiss citizen K., born in 1961, following which she received a residence permit on July 2, 1992 under family reunification. In the spring of 1994, the competent authorities of the Canton of Lucerne became suspicious that the marriage between K. and S. was a sham. Consequently, the Foreigners Police of the Canton of Lucerne refused to extend S.'s residence permit on March 30, 1994 and set a deadline for her to leave by June 2, 1994. On April 20, 1994, K.-S. filed an administrative appeal with the Governing Council of the Canton of Lucerne. On October 18, 1994, K.-S. gave birth to daughter A. The Governing Council dismissed the appeal on August 29, 1995. Daughter A. and mother K.-S. filed an administrative court appeal against this decision with the Federal Supreme Court on October 5, 1995.

Considerations

The Federal Supreme Court proceeds with the administrative court appeal, as the appellant 2 (K.-S.) has a basic entitlement to an extension of her residence permit under Art. 7 of the Federal Act on the Residence and Permanent Settlement of Foreign Nationals (ANAG), and the appellant 1 (A.) as the daughter of a Swiss citizen has a well-established right of presence in Switzerland, so she can invoke Art. 8 of the European Convention on Human Rights (ECHR).

However, the Federal Supreme Court affirms that the marriage between K.-S. and…