Facts
X., who originates from Kosovo, entered Switzerland in 1998 with his then-wife and their children and filed an asylum application, which was rejected. The family was provisionally admitted until their deportation was possible. In 2002, X. married a Swiss citizen, upon which he received a residence permit. In 2008, he applied for family reunification for his three children from his first marriage. The Office of Population and Migration of the Canton of Fribourg refused the permit, which was confirmed by the Cantonal Court. X. then filed a complaint with the FSCA.Considerations
The FSCA states that while X. has no entitlement to family reunification under the ASEO, he can invoke the protection of family life under Art. 8 ECHR and Art. 13 Cst. since he has a well-established right of residence in Switzerland. The previous case law of the FSCA, which distinguished between complete and partial family reunification, no longer corresponds to the current legal situation in Switzerland and the EU. Today, a distinction is no longer to be made between these two forms of family reunification. For the family reunification of a foreign national with a residence permit, the following requirements must be examined: 1) cohabitation with the children, 2) adequate housing, 3) no…