Facts
The Pakistani national [A.] (born 1989) entered Switzerland on 7 August 2013 and applied for asylum. On 17 March 2015, the State Secretariat for Migration rejected his asylum application and ordered his deportation from Switzerland, setting a departure deadline of 12 May 2015. On 10 April 2015, he married the Ethiopian national [B.] (born 1980), who is legally residing in Switzerland and has two children (born 2006 and 2008) from a previous relationship with a Swiss citizen who has since been naturalised. On 30 June 2016, a daughter was born from the marriage between [A.] and [B.] . On 11 December 2015, [B.] applied for a residence permit for her husband [A.] . However, the Office for Migration and Civil Status of the Canton of Bern did not consider the family reunification request. This decision was upheld on appeal by the Police and Military Directorate of the Canton of Bern and the Administrative Court of the Canton of Bern.Considerations
The Federal Supreme Court confirms the decisions of the lower instances. According to Art. 14(1) of the Asylum Act, a rejected asylum seeker who has not departed can only initiate a procedure for the issuance of a residence permit under the Foreigners Act if there is an obvious entitlement to it. Such an entitlement does not exist here, as the appellant 1, although married to appellant 2 and having a common daughter,…