Facts
C., born in 1974, a national of Bosnia-Herzegovina, whose father reached Switzerland from a Serbian prisoner-of-war camp, traveled to Switzerland together with her mother on March 3, 1993 and filed an asylum application on March 8, 1993. By decision of the Federal Office for Refugees dated March 9, 1993, she was granted asylum in Switzerland. A., born in 1972, a Yugoslav (Kosovo) national, entered Switzerland on December 21, 1990, where he also filed an asylum application. By decision dated May 31, 1991, the Federal Office for Refugees rejected his application.
On March 17, 1994, C. and A. were married. After A. unsuccessfully attempted to be included in his wife's refugee status, he traveled to the Federal Republic of Germany on July 18, 1994 at the instigation of the Foreigners' Police of the Canton of Graubünden, but returned to Switzerland to his wife on August 15, 1994. For this, he and his wife were fined CHF 200 each by the District Office X. for violation of the Federal Act of March 26, 1931 on Residence and Settlement of Foreigners (ANAG), which was recognized as illegal residence or harboring of a person unlawfully present in Switzerland.
On July 4, 1994, C. filed an application for family reunification for her husband with the Foreigners' Police of the Canton of Graubünden, which was rejected on July 29, 1994 due to lack of financial means. C. unsuccessfully appealed against this decision to the Department of Justice, Police and Health, and in second instance to the Government of the Canton of Graubünden.
Considerations
The Federal Court upholds the appeal. It states that the refusal to grant a residence permit to the appellant's husband, although based on a legal basis and serving to protect the country from over-foreignization, is outweighed by the appellant's private interest in being able to lead her family life in Switzerland.
There are no decisive…