Facts
The appellant, a Serbian national, married a Serbian national in 1988 and obtained a residence permit in Switzerland in 1990. His wife and their common daughter also obtained residence permits. In 1996, their common son was born in Switzerland. In 1997, the appellant and his son obtained settlement permits. The wife and son left Switzerland in 2001. The appellant filed an application for family reunification for his wife and son in 2010, which was rejected. He filed further applications, which were also rejected.
The appellant requested the Federal Court to overturn the judgment of the Cantonal Court of Valais and grant family reunification for his wife. The Cantonal Court and the State Council of the Canton of Valais requested that the appeal be dismissed.
Considerations
The Federal Court examined whether the appellant has a right to family reunification of his wife. It found that the appellant has a settlement permit and thus a established right of residence. The court also examined whether the required permit conditions are met.
The Federal Court dismissed the appeal because the appellant did not claim important family reasons for the subsequent family reunification. It found that the appellant and his wife have been geographically separated since 2001 and that the appellant only filed an application…