Dismissal of the administrative court appeal against the refusal of the residence permit

Facts

The appellant, a citizen of Burundi, entered Switzerland in 1998 and filed an asylum application, which was rejected in 1999. He married a Swiss citizen in 2000 and has a daughter with her. The marriage was divorced in 2002, and the appellant was granted visitation rights for his daughter. Several criminal convictions were issued against him. The aliens' police of the canton of Grisons rejected his application for a residence permit, and the Administrative Court of the canton of Grisons dismissed the appeal lodged against it.

The appellant requested the Federal Court to overturn the judgment of the Administrative Court and extend his residence permit. The Federal Court dismissed the administrative court appeal and justified this with the fact that the appellant does not have a particularly close relationship with his daughter and his behavior is negatively affected by several criminal convictions.

Considerations

The Federal Court examined whether the refusal of the residence permit by the Administrative Court of the canton of Grisons is compatible with the right to respect for family life under Art. 8 ECHR. It found that the appellant has visitation rights for his daughter, but does not have a particularly close relationship with her.

The court weighed the interests of the appellant in obtaining the residence permit against the public…