Facts
The Slovak national B., born in 1966, who currently resides in the canton of Thurgau, is the mother of son C., born in 1986, who holds the same nationality. In December 1997, B. married the Italian national A., who has been living in Switzerland since 1961 and holds a settlement permit. In June 2001, B. applied for family reunification for her son C. The Foreigners' Office of the canton of Thurgau rejected the application. The spouses A. and B. unsuccessfully appealed to the Department of Justice and Security of the canton of Thurgau and subsequently to the Administrative Court of the canton of Thurgau.
Considerations
The Federal Supreme Court dismisses the administrative court appeal. It considers the findings and conclusions of the Administrative Court regarding the application and interpretation of Art. 17 para. 2 sentence 3 ANAG and Art. 8 ECHR to be essentially correct. There are no overriding family interests for a change in the existing care arrangements. The complainants are not prevented from continuing the existing family relationships.
The Agreement on the Free Movement of Persons…