Facts
The appellant, a Turkish national, married a Swiss citizen in 2005 and received a residence permit. However, the spouses lived separately, and the migration office refused to extend the residence permit due to an alleged sham marriage. The appellant lodged a complaint, claiming that he was successfully integrated and entitled to an extension of his residence permit.
The Appellationsgericht of the canton of Basel-Stadt dismissed the complaint, as it considered the marital community to be dissolved and the appellant not to be successfully integrated. The appellant then appealed to the Federal Court.
Considerations
The Federal Court examined the complaint and found that the appellant was entitled to an extension of his residence permit under Art. 50 para. 1 lit. a AuG if he was successfully integrated. The lower court had considered the appellant not to be successfully integrated due to his lack of language skills, criminal record, and debts.
However, the Federal Court emphasized that the appellant was professionally integrated, had never received social assistance, and had behaved correctly. It found that the lower court had not fully established the facts and that the appellant was sufficiently integrated in…