Dismissal of the appeal against the revocation of the residence permit

Facts

The appellants, [A.] and [B.D.] , are Ethiopian and German nationals, respectively. [A.] married German national [C.D.] on 8 February 2013 and received a residence permit EG/EFTA limited until 1 February 2017. After the spouses separated in 2014, the Migration Office of the Canton of Zurich revoked the residence permits. The appellants filed an appeal with the Administrative Court of the Canton of Zurich, which dismissed the appeal.

The appellants requested the Federal Court to overturn the decision of the Administrative Court and instruct the Migration Office to grant them a residence permit. They relied on a right of residence under Art. 50 AuG in conjunction with Art. 77 ASEO and on Art. 8 ECHR.

Considerations

The Federal Court examined the admissibility of the appeal and concluded that the appellants had asserted a claim in a plausible manner based on Art. 8 ECHR, Art. 13 Cst., Art. 50 AuG, and Art. 77 ASEO.

The court investigated the right of residence under Art. 50 AuG and concluded that the requirements were not met, as the husband/father was neither a Swiss citizen nor in possession of a settlement permit. The lower court had correctly reproduced the case law of the Federal Court on Art. 50 para. 1 lit. b AuG and, in particular, the question of credibly demonstrating marital violence.

The court also examined the right of residence under Art. 8 ECHR and concluded that the appellants…