Facts
The Federal Court had to deal with a case in which the Federal Office for Foreigners had requested the revocation of a settlement permit for a foreigner. The foreigner, a citizen of the Federal Republic of Yugoslavia (Kosovo), had entered Switzerland in 1989 and married a Swiss citizen in 1994. After divorcing his first wife in 1999, he married a compatriot in 2000. The aliens' police of the canton of Aargau revoked the foreigner's settlement permit, as they believed he had entered into a sham marriage with the Swiss citizen. The foreigner appealed against this decision, which was upheld by the Cantonal Court of Appeal in matters of foreign nationals in the canton of Aargau.
The Federal Office for Foreigners filed an appeal with the Federal Court and requested the annulment of the Cantonal Court of Appeal's decision. The Federal Court had to examine whether the foreigner had entered into a sham marriage and whether he had deceived the authorities about his true intentions.
Considerations
The Federal Court first examined whether the foreigner had entered into a sham marriage. It found that the Cantonal Court of Appeal had conducted extensive evidentiary measures and that the findings of the Cantonal Court of Appeal were not obviously incorrect or incomplete. The Federal Court concluded that the foreigner had not proven that he had only married his first wife to obtain a right of residence in Switzerland.
The Federal Court then examined whether the foreigner had deceived the authorities about his true intentions. It found that the foreigner had not disclosed the existence of his son and his relationship with his second wife. The Federal Court concluded that these circumstances were relevant to the granting of the permit and that the…