Facts
The appellants, a Swiss citizen and his stepson, a Ukrainian national, applied for a residence permit for the stepson in order to fulfill the requirements for adult adoption. The stepson had already applied several times for a residence permit, but was rejected. The Migration Office of the Canton of Zurich and the Security Directorate of the Canton of Zurich rejected the applications, and the Administrative Court of the Canton of Zurich confirmed these decisions.
The appellants lodged an appeal with the Federal Court and applied for a residence permit for the stepson to enable adult adoption. They argued that the refusal of the residence permit constituted discrimination and violated the Constitution and international law.
Considerations
The Federal Court examined the admissibility of the appeal and found that the appellants claimed a right to a residence permit that could not be derived from the Aliens Act. The Court referred to the case law, according to which a right to a residence permit for adult stepchildren only exists if and as long as they are supported.
The Court found that the appellants did not present any new arguments that could lead to a different assessment of the question of whether there is a right to a residence permit for the stepson. It stated that the granting of residence permits under alien law is not governed by civil law, but by the AuG and the relevant state treaties.
The Court also pointed out that the case law under Art. 8 ECHR recognizes residence claims based on family…