Facts
The complainant, a Kosovo national, received a residence permit on 7 October 2015 for the purpose of preparing the registration of a same-sex partnership with a Swiss woman. The partnership was registered in the relevant register on 8 September 2015. In December 2016, a police check was carried out at the complainant's and her partner's place of residence, during which the partner introduced the complainant's brother as her life partner. The Migration Office subsequently revoked the complainant's residence permit due to suspicion of a sham partnership.
The complainant applied for the revocation decision to be set aside and for a new residence permit to be issued. The Administrative Court of the Canton of Solothurn dismissed the complaint, and the complainant appealed to the Federal Court.
Considerations
The Federal Court examined whether the lower court had rightly assumed a sham partnership. It found that the complainant's partner had introduced the complainant's brother as her life partner and that the two had an intimate relationship. The Federal Court held that these indications suggested a sham partnership and that the lower court had rightly revoked the complainant's residence permit.
The Federal Court also rejected the complainant's objection that the lower court had violated her right to be heard by not taking all the evidence offered. It found that the lower court had formed its conviction on the basis of the evidence…