Facts
The case concerns X., a national from Cameroon, and her daughter [Y.], who holds Swiss citizenship. X. was previously working illegally in Switzerland and was therefore deported. Later, she married a Swiss citizen, Z., and traveled to Switzerland with her daughter [Y.], where they were granted a temporary residence permit. After separating from her husband in 2007, the Population and Migration Office of the Canton of Valais rejected X.'s request to extend her residence permit. X. and [Y.] then appealed to the Federal Supreme Court.
Considerations
The Federal Supreme Court states that while the European Convention on Human Rights does not generally guarantee a right to reside in a Contracting State, the right to respect for family life under Article 8 ECHR must be taken into account. In this regard, a balancing of interests between the individual's interests in granting the permit and the public interests in refusing it must be carried out.
The Federal Supreme Court has revised its previous case law, according to which it is generally reasonable for a Swiss child to follow the foreign parent with custody abroad. Now, special public order and security reasons are required to deny the foreign parent with custody the right to remain in the country. Mere suspected abuse by the parent with custody is not sufficient.
In the present…