Facts
The applicants, [A.F.] , [B.F.] and [C.F.] , applied for family reunification of the spouse and their common son on 10 August 2015. [C.F.] , a Swiss citizen, had married [A.F.] on 11 February 2010 and had a son, [B.F.] , on 24 January 2012. The Migration Office of the Canton of Zurich rejected the application on 6 July 2016, as the deadline for [A.F.] 's family reunification had been missed and the required documents for the son [B.F.] had not been submitted.
The applicants requested the Federal Court to overturn the judgment of the Administrative Court and to invite the cantonal authorities to grant the requested residence permits to the spouse and the common son. They argued that the contested decision violated their right to protection of private and family life (Art. 8 ECHR) and their freedom of marriage (Art. 14 Cst., Art. 12 ECHR and Art. 23 para. 2 UN Covenant II).
Considerations
The Federal Court examined the admissibility of the appeal and found that the applicants had plausibly demonstrated a potential claim to family reunification. It dismissed the appeal, as the deadline for [A.F.] 's family reunification had been missed and the required documents for the son [B.F.] had not been submitted.
The court found that the deadline for family reunification under Art. 47 AuG also applies to the spouse and that the deadline regulation is compatible with Art. 8 ECHR and the freedom of marriage. It also rejected the complaint of discrimination against nationals, as the legislature had explicitly rejected…