Facts
X., a Turkish national, was married to Y. from 1976 to 1988. Four children were born from the marriage. After the divorce, Y. lived in Switzerland from 1989 and married a Hungarian woman residing here in 1989. Y. and X. remarried in 1997. In 2002, Y. requested the issuance of a residence permit for his son D. to permanently reside with the father. In 2003, he also filed an application for the issuance of a residence permit for his wife X.
By order of April 7, 2005, the Migration Office of the Canton of Zurich refused to extend X.'s residence permit. She filed an appeal against this, which was dismissed by the Cantonal Government of the Canton of Zurich. Upon X.'s complaint, the Federal Supreme Court set aside the contested judgment and instructed the Migration Office to issue X. a residence permit.
Considerations
The Federal Supreme Court decided that the family reunification provisions of the Agreement on the Free Movement of Persons (AFMP) apply to persons who have both Swiss nationality and the nationality of another contracting party. Ascendant relatives who are provided with maintenance have the right under Art. 3 para. 2 lit. b Annex I AFMP to take up residence with a person who is a national of a contracting party and has a right of residence.
The need for maintenance and the support are based on the…