Facts
The applicants, [A.] and [B.] , requested the reunification of the mother [B.] , who lives in Macedonia, with her son [A.] , who lives in Switzerland and is 100% disabled. The lower court dismissed the application, as there was no entitlement to family reunification. The applicants requested the Federal Court to overturn the judgment of the lower court and instruct the cantonal authorities to approve the entry of [B.] to her son and his family under the family reunification scheme.
The parties are [A.] , a Swiss citizen, and [B.] , his mother, who lives in Macedonia. The Government Council of the Canton of Zurich and the Administrative Court of the Canton of Zurich were involved in the proceedings. The Federal Office for Migration also expressed its opinion.
The matter concerns the application for family reunification of a foreign mother with her disabled son living in Switzerland. The mother had already applied for reunification before the son's accident, but was rejected. After the accident, the couple brought the mother to Switzerland with a visitor's visa to help with the family's care.
Considerations
The Federal Court must examine whether a protected relationship within the meaning of Art. 8 ECHR exists, from which a fundamental claim to the desired residence permit can be derived. The applicants rely on Art. 8 ECHR, which guarantees the protection of family life.
However, the Federal Court has found that the mother to be reunified is not dependent on her son and that the son and his family are not in need of care. The necessary…