Facts
The appellant, a Serbian national, has been living in Switzerland since 1991 and has a settlement permit. He married a compatriot in 2005 and has three daughters. The appellant submitted several family reunification applications, which were rejected. The lower court justified the rejection by stating that the appellant had not improved his financial situation and that there were no important family reasons for a family reunification outside the statutory time limits.
The appellant requested the Federal Court to overturn the lower court's decision and grant family reunification. He argued that he was making an effort to improve his financial situation and that his family wanted to stay in Switzerland.
Considerations
The Federal Court examined whether the appellant was entitled to family reunification. It found that the appellant had not improved his financial situation and that there were no important family reasons for a family reunification outside the statutory time limits. The court ruled that the lower court had rightly examined whether the best interests of the child could be safeguarded in the event of a family reunification in Switzerland.
The Federal Court pointed out that the time limit provision of Art. 47 AuG aims to promote the rapid integration of the family members to be reunified, particularly the children. It found that the appellant had…