Facts
The Nigerian citizen [A.X.] entered Switzerland in 1991 and married a Swiss woman in 1993, whereupon he received a residence permit. After the divorce in 1999, he married a Nigerian citizen in 2000, with whom he already had a child. The Federal Office for Migration declared the facilitated naturalization of [A.X.] null and void in 2003, and the Aliens' Office of the Canton of Schaffhausen ordered the expulsion of [A.X.] and his children in 2003. The appeal against this decision was dismissed by the High Court of the Canton of Schaffhausen.
[A.X.] and his family filed an administrative court appeal with the Federal Court, requesting that the decision of the High Court be set aside and that [A.X.] be granted a settlement permit or a residence permit, and that the residence permit of his wife and children be extended.
Considerations
The Federal Court examined whether [A.X.] was entitled to a settlement permit, as his marriage to the Swiss citizen [Y.] had lasted for more than five years. However, it was found that the marriage was a sham, as [A.X.] had only entered into the marriage to obtain a right of residence in Switzerland.
The court found that [A.X.] was not entitled to a settlement permit, as the marriage to [Y.] was to be considered a sham and [A.X.] had already maintained an extramarital relationship with his later second wife during his marriage to [Y.] .…