Facts
The appellant, [X.] , originally from Macedonia, has been living in Switzerland since 1998. He has two children from a previous marriage, [Z.] and [Y.] , who are under his parental care. In 2006, [X.] unsuccessfully applied for family reunification for his children in Switzerland. In 2010, he again applied for reunification for his son [Y.] , who was by then over 17 years old. The Migration Office of the Canton of Zurich and the Security Directorate of the Canton of Zurich rejected the application, as [X.] had missed the deadline for reunification. However, the Administrative Court of the Canton of Zurich overturned this decision and granted reunification. The Federal Office for Migration lodged an appeal and requested the annulment of the judgment of the Administrative Court.
The parties involved are the Federal Office for Migration, [X.] , [Y.] , the Migration Office of the Canton of Zurich, and the Security Directorate of the Canton of Zurich. The proceedings concern the reunification of [Y.] , the son of [X.] , in Switzerland.
Considerations
The Federal Court upheld the appeal of the Federal Office for Migration and overturned the judgment of the Administrative Court of the Canton of Zurich. The Court found that [X.] had missed the deadline for reunification with his son [Y.] and that there were no important family reasons for a subsequent reunification.
The Court based its decision on the provisions of the Foreign Nationals Act (AuG) and the Ordinance on Admission, Stay and Gainful Employment (ASEO). It found that the deadlines for reunification of children over 12 years of age are twelve months and that these deadlines begin with entry or the establishment of the family relationship.
The Court also found…