Facts
The complainant A., a Kosovo national, married a French national in 2002 and moved to Switzerland in 2003. In 2007, A. and his wife applied for an entry and residence permit for A.'s two children from a previous relationship, B. and C. The Security Directorate of the Canton of Zurich refused the children's entry, and the Government Council of the Canton of Zurich dismissed the appeal against this decision. The Administrative Court of the Canton of Zurich confirmed this decision.
A. and his children lodged a complaint with the Federal Court and requested the annulment of the Administrative Court's decision and the issuance of a residence permit for the children. The Chancellery of the Canton of Zurich waived its right to comment, while the Administrative Court of the Canton of Zurich commented on two points regarding the complaint.
Considerations
1. Admissibility of the complaint
The Federal Court examines the admissibility of the complaint and finds that the complaint in public law matters is admissible, as the lower court has violated federal law and international law.
2. Application of the freedom of movement
The Federal Court addresses the application of the freedom of movement and finds that complainant A., as the husband of a French national, has a right to residence in Switzerland. It examines whether A.'s children from a previous relationship also have a right to family reunification.
3. Interpretation of Art. 3 Annex I AFMP
The Federal Court interprets Art. 3 Annex I AFMP and finds that the provision also covers the step-children of the spouse. It considers the case law of the ECJ and Directive 2004/38/EC and concludes that A.'s…