Family Reunification of a Foreign Child with their Swiss Father Living in Switzerland

Facts

B.X., born in 1962 and originating from Turkey, entered Switzerland in December 1989. After his asylum application was rejected in August 1992, he married a Swiss woman in November 1992 and acquired Swiss citizenship in 1997. Upon his departure from Turkey, B.X. left behind his daughter A.X., born in 1987 from a non-marital relationship, with her mother in Turkey. On 3 November 1999, A.X. entered Switzerland with a visitor's visa, and her father then filed an application for a residence permit for her. The Cantonal Aliens Police of Zurich rejected the application, as the requirements for family reunification were not met. The Administrative Court of the Canton of Zurich confirmed this decision. A.X. then filed an administrative court appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court dismisses the administrative court appeal. It holds that while A.X. generally has a right to reunification with her father under Art. 17(2) RSFNA and Art. 8 ECHR, as she was a minor at the time of the application, such a right to reunification requires that the child maintains the primary family relationship with the parent living in Switzerland. This is not the case here, as A.X. lived with her mother and grandparents in Turkey until the age of 13 and only came to Switzerland shortly before reaching the age of…