Facts
The appellant, [A.X.] , a Serbian citizen, married a Swiss citizen in 1992 and subsequently received a residence permit. After the divorce in 1998, he married another woman from Serbia and applied for a residence permit for his new wife and daughter. The Federal Office for Refugees rejected the asylum application, but the family was provisionally admitted. Later, the facilitated naturalization of the appellant was declared null and void. The cantonal immigration authority ordered the appellant to leave Switzerland and refused the settlement permit.
The appellant filed an administrative court appeal and requested the annulment of the judgment of the Administrative Court of the Canton of St. Gallen and the issuance of a settlement permit or a residence permit. The Federal Court dismissed the appeal, as the appellant had no right to a residence permit and the basis for the family reunification application ceased to exist.
Considerations
The Federal Court examined the admissibility of the administrative court appeal and came to the conclusion that the appeal was admissible, as the appellant could assert a claim to the settlement permit. The court found that the appellant's marriage to his first wife was already definitively broken at the end of the five-year period on October 2, 1997, and that relying on this marriage in the foreign police permit procedure was to be considered abusive.
The court also pointed out that the annulment of the appellant's naturalization did not result in him being considered a foreigner with a settlement permit. There was also no claim to renewal of the former residence permit, as it was…