Facts
The appellant, a Serbian national of Albanian ethnic origin, has been living in Switzerland since 2001 and holds a settlement permit. He is married and has three sons who live in their home country. In November 2009, he submitted an application for family reunification for his wife and sons. The Migration Office of the Canton of St. Gallen rejected the application for the sons, but approved the reunification of the wife.
The appellant unsuccessfully appealed to the Security and Justice Department and the Administrative Court of the Canton of St. Gallen. By filing a complaint in public law matters on March 3, 2011, the appellant requests the Federal Court to overturn the judgment of the Administrative Court and instruct the Migration Office to grant him an entry permit for his three sons.
Considerations
The Federal Court examines the admissibility of the complaint and finds that the appellant, as a foreigner with a settlement permit, can assert a fundamental right to a permit under Art. 43 AuG and Art. 8 ECHR as well as Art. 13 Cst.
The court addresses the question of whether the deadlines under Art. 47 para. 1 AuG for the reunification of the children were observed. It finds that the deadlines began to run with the entry into force of the Foreigners Act on January 1, 2008, and that the twelve-month deadline applies to children over twelve years old.
The court concludes that the reunification of the youngest son [C.] was applied for within the deadlines under Art. 47 para. 1 AuG and is therefore to be approved, provided it is not asserted in an abusive manner and there are no grounds for revocation under Art. 62 AuG.
The court also examines whether important family reasons within the meaning of Art. 47 para. 4 AuG exist for…