Facts
The Indian national X. entered Switzerland in September 2002 and filed an asylum application, which was rejected. In June 2006, he married the Swiss citizen Y., upon which he was granted a residence permit. After Y.'s death in October 2007, X. applied for an extension of his residence permit, which the Migration Office of the Canton of Zurich refused in November 2008. The legal remedies filed against this were dismissed by the Cantonal Government and the Administrative Court.
X. filed a complaint with the Federal Supreme Court, requesting an extension of the residence permit. The Federal Supreme Court dismissed the complaint.
Considerations
The Federal Supreme Court stated that the death of the spouse alone does not constitute an important personal reason within the meaning of Art. 50 para. 1 lit. b FNIA that would necessarily lead to an extension of the residence permit. Rather, it must be examined based on the circumstances of the individual case whether a hardship case exists, whereby the personal situation of the person concerned is decisive and not the public interest in a restrictive immigration policy.
In the present case, X. would not have acquired an…