Facts
The appellant, an Eritrean refugee, was granted asylum in Switzerland on May 21, 2010, and married his compatriot in Sudan on December 20, 2010. The Migration Office of the Canton of Zurich rejected the application for entry and family reunification, as the appellant had to be supported by social welfare to a significant extent since his entry and did not have the necessary financial means to support himself and his wife.
The Security Directorate and the Administrative Court of the Canton of Zurich confirmed this decision on appeal and complaint, respectively. The appellant challenged the decision of the Administrative Court before the Federal Court.
Considerations
The Federal Court examined whether the appellant, as a recognized refugee with asylum, has a right to family reunification. It found that the appellant, despite the lack of a statutory authorization claim (Art. 44 AuG), has a consolidated right of residence that allows him to invoke the conventionally or constitutionally guaranteed protection of his family life (Art. 8 ECHR and Art. 13 Cst).
The court pointed out that Switzerland, as a country of asylum, has a special responsibility to protect the family life of recognized refugees with asylum. It examined whether the appellant's financial situation had prevented family reunification and found that the appellant had made an effort to integrate and had been gainfully employed since May…