Facts
X., a national of Sri Lanka, entered Switzerland in September 1992 and filed an asylum application. This was rejected on February 10, 1994, and X. was expelled from Switzerland. On November 18, 1996, X. married the Swiss citizen Y. in A. (ZH), whereupon he was granted a residence permit for the canton of Zurich and a settlement permit in July 2002. The childless marriage was legally divorced in April 2007. In May 2007, X. married his compatriot Z. in his home country, with whom he has two children. In mid-June 2007, he applied for family reunification for his new spouse and the two children.
By decision of April 8, 2008, the Security Directorate of the Canton of Zurich rejected the family reunification application and revoked X.'s settlement permit. He had concealed from the domestic authorities that during his marriage to the Swiss citizen, he had entered into a relationship with a compatriot and fathered two children with her.
Considerations
The Federal Supreme Court examined whether Art. 63 para. 2 of the Foreign Nationals Act (AuG) precludes the revocation of the settlement permit. This provision stipulates that the settlement permit of foreign nationals who have resided in Switzerland continuously and lawfully for more than 15 years can only be revoked for certain reasons.
The Federal Supreme Court concluded that the appellant's residence…