Facts
The applicants, [A.A.] , [B.A.] and [C.A.] , are Serbian nationals. [A.A.] married the Croatian citizen [D.] on 18 December 2017 and, together with her daughters [B.A.] and [C.A.] , received an EU/EFTA residence permit. After the separation in May/July 2018 and the divorce on 16 March 2021, the Office for Migration and Civil Status of the Canton of Bern revoked the EU/EFTA residence permits. The cantonal remedies remained without success.
The applicants request the Federal Court to overturn the judgment of the Administrative Court of the Canton of Bern and not to revoke their EU/EFTA residence permits. They rely on a potential claim to the issuance of a residence permit under Art. 50 FNIA (in conjunction with Art. 2 AFMP) and argue that a general case of hardship pursuant to Art. 30 para. 1 lit. b FNIA exists.
Considerations
The Federal Court first examines whether the applicants have a justifiable legal claim to the requested permit. Applicant 1 can justifiably rely on a potential claim to the issuance of a residence permit under Art. 50 FNIA (in conjunction with Art. 2 AFMP), as the Croatian (ex-)spouse still resides in Switzerland.
The Federal Court then addresses the question of whether the lower courts violated the right to be heard. It finds that Applicant 1 was able to comprehensively submit written statements in the proceedings and that an oral hearing was not required. The lower court was also entitled not to hear the witnesses called by Applicant 1, as their statements were not relevant to the…