Facts
The appellant, a Kenyan national, had undergone an asylum procedure in Switzerland, which was rejected. In August 2014, he began a relationship with a Swiss citizen and applied for a short-term residence permit for the purpose of preparing marriage. The Migration Office of the Canton of Zurich granted this permit, but extended it for the last time until October 31, 2015, and rejected a further extension request, as the appellant had submitted a forged passport and the marriage was not expected to take place in the foreseeable future.
The appellant lodged an appeal with the Administrative Court of the Canton of Zurich, which dismissed the appeal. The court found that the relationship between the appellant and his partner was not sufficiently secure and stable to constitute cohabitation within the meaning of the case law on Art. 8 ECHR.
The appellant filed an appeal with the Federal Court, arguing that the refusal of the short-term residence permit violated his right to protection of family and private life under Art. 8 ECHR and Art. 13 Cst., as well as his right to freedom of marriage under Art. 12 ECHR and Art. 14 Cst.
Considerations
The Federal Court examined whether the appellant had a right to the requested permit. It found that the appellant was living with a Swiss citizen and intended to marry her, and that the refusal of the permit could affect his right to protection of family and private life and his right to freedom of marriage.
The court applied the case law on Art. 8 ECHR and found that the cohabitation between the appellant and his partner was not sufficient to establish a claim, as the relationship was not secure and stable enough to be equivalent to marriage. The court considered the duration of the relationship, the fact that the partner…