Facts
The Federal Department of Justice and Police has filed an administrative court appeal against a judgment of the Cantonal Appeal Court on Foreigners' Law of the Canton of Aargau. The Appeal Court had approved the family reunification of the daughter [C.] of the foreign national [A.] who is married to a Swiss citizen.
[A.] married the Swiss citizen B. in Yugoslavia in September 1995 and entered Switzerland with a valid visa in September 1995. In early October 1995, she received a residence permit in the Canton of Aargau under the family reunification scheme. However, several applications submitted by [A.] for the family reunification of her daughter [C.] from a previous marriage were rejected.
[A.] filed an appeal with the Appeal Court, which upheld the appeal on the grounds that according to Art. 17 para. 2 ANAG, there is an entitlement to family reunification. The Appeal Court took the view that for annual permit holders who are not formally released from federal control, there is a tacit release from control, from which point there is a legal entitlement to family reunification.
Considerations
The Federal Supreme Court dismisses the appeal of the Federal Department of Justice and Police. It finds that the mere determination of the release from control date by the Federal Office does not confer an entitlement to a residence or settlement permit.
However, an entitlement to family reunification may arise from Art. 8 ECHR if the family members residing in Switzerland have a consolidated…