Facts
Spouses A.S. and B.S. are nationals of the Federal Republic of Yugoslavia and have been living in Switzerland with settlement permits since 1978 and 1979 respectively. Of their six children, the two youngest live in the parental household, while the three adult children have left it. Only daughter C.S. (born 1982) lives in Yugoslavia with her paternal grandparents.
On May 14, 1998, A.S. and B.S. filed an application for family reunification for their daughter C.S. The Directorate of Police of the Canton of Zurich rejected the application, which was confirmed by the Cantonal Government. A.S., B.S. and C.S. successfully appealed against this decision to the Administrative Court of the Canton of Zurich, which overturned the contested decision and ordered the issuance of the settlement permit for C.S.
The Federal Office for Foreign Affairs then filed an administrative court appeal with the Federal Supreme Court, requesting that the decision of the Administrative Court be overturned and the decision of the Aliens Police be confirmed.
Considerations
The Federal Supreme Court dismisses the appeal. It states that the restrictions on the right to family reunification developed for the practice of children of divorced or separated parents cannot be simply transferred to intact families. The purpose of Art. 17 para. 2 ANAG is to enable parents to raise and care for their common children themselves. Therefore, more consideration must be given to the protection of family life in the…