Facts
The appellant, a Macedonian citizen, married a Swiss woman in 1996 and received a settlement permit in 1999. However, he had been living separately from his wife since 1999 and had two extramarital children with a Macedonian woman, whom he married in 2001. The appellant did not disclose the existence of the children when he filed the declaration of dissolution in 2001. The Migration Office of the Canton of Aargau revoked the settlement permit, and the Court of Appeal in Foreigners' Law of the Canton of Aargau dismissed the appeal.
The appellant requested the Federal Court to overturn the decision and not revoke his settlement permit. He claimed that the marriage to his Swiss partner had not been entered into or maintained in bad faith.
Considerations
The Federal Court dismissed the appeal, as the appellant had obtained the settlement permit through incomplete information. The appellant had not disclosed the existence of his two extramarital children, although he knew that this was relevant to the permit decision.
The court found that the settlement permit can be revoked if the foreigner has obtained it through false information or intentional concealment of essential facts (Art. 9 para. 4 lit. a RSFNA). The revocation requires that the person concerned has made false statements or concealed essential facts with the intention of obtaining a residence or settlement permit on that basis.
The court concluded that the appellant had deceived the authorities on…