Facts
The respondent, a Swiss citizen, married a Swiss citizen in 1985 and received a residence permit for one year. He left his three children from a previous relationship in his home country. After the divorce in 1992, he married again and received a settlement permit in 1995. His wife passed away in 1999 and he married again in 2002. The respondent applied for family reunification with his son [A.] , who was 17 years old.
The Migration Office of the Canton of Aargau rejected the application, as there was no significant change in the care relationships. The Court of Appeal in Foreigners' Law of the Canton of Aargau overturned this decision and approved the reunification. The Federal Office for Migration, Integration and Emigration (IMES) filed an appeal with the Federal Court.
Considerations
The Federal Court examined the admissibility of the appeal and came to the conclusion that the IMES is entitled to appeal. It found that the appeal is also available to claim that the cantonal appeals body has affirmed the existence of a legal claim to the disputed foreign police permit in violation of federal law.
The Federal Court applied federal law ex officio and examined whether there is a legal claim to family reunification of the respondent's son. It found that the respondent's son has a legal claim to reunification with his Swiss father under Art. 17 para. 2 RSFNA, but can no longer invoke the right to respect for family life, as he has reached the age of majority.
The Federal Court came to the conclusion that the Court of Appeal wrongly derived an analogous legal claim to reunification. It found that the legislature has deliberately not…