Facts
The complainant, a Serbian citizen, has been living in Switzerland since 1992 and has a settlement permit. His children, [D.] and [C.] , lived in Switzerland from 1992 to 1992 and then returned to their home country, where they lived with their grandparents and attended school. In March 2003, the complainant submitted an application for family reunification for his son [D.] , and in May 2003 also for his daughter [C.] . The applications were rejected by the Aliens Office of the Canton of St. Gallen, as the focus was not on the cohabitation of the entire family, but on circumventing the quota regulations. The Administrative Court of the Canton of St. Gallen dismissed the appeal against the decision of the Department.
The complainant requests the Federal Court to overturn the judgment of the Administrative Court and approve the application for family reunification for his son and daughter. The Justice and Police Department and the Administrative Court of the Canton of St. Gallen request dismissal of the appeal.
Considerations
The Federal Court considers that unmarried children of foreigners who are settled in Switzerland are entitled to be included in their parents' settlement permit if they live with them and are not yet 18 years old (Art. 17 para. 2 sentence 3 RSFNA). The legislative text makes it clear that the legal safeguarding of the cohabitation of the entire family is aimed at.
The Federal Court examines whether the requirements for granting family reunification are met for both the son and the daughter of the complainant and whether there is no abuse of law. It finds that the parents have plausibly explained the choice of the time of reunification and that there is no need for valid reasons for subsequent family reunification in the case of cohabiting parents.
The Federal Court concludes…