Facts
The respondent, a citizen of the Federal Republic of Yugoslavia (Kosovo), entered Switzerland in 1989 and received a residence permit in 1994 after marrying a Swiss citizen. His marriage was divorced in 1999 and he married a compatriot in 2000. The aliens' police of the canton of Aargau revoked his settlement permit in 2001, as he had concluded a so-called marriage of convenience with the Swiss citizen. The respondent lodged a complaint and the appellate court in alien law of the canton of Aargau lifted the revocation, as the marriage with the Swiss wife was not to be considered a sham marriage.
The Federal Office for Foreigners filed an administrative complaint and the Federal Court lifted the decision of the appellate court, as it had not examined whether the respondent had concealed or falsely stated circumstances relevant to the granting of the permit. The appellate court again approved the respondent's complaint and lifted the decision of the aliens' police.
Considerations
The Federal Court examined whether the conditions for revoking the settlement permit under Art. 9 para. 4 lit. a RSFNA were met. It found that the respondent had made false statements and concealed essential facts when the settlement permit was granted in 1999.
The court found that the respondent knew that he was filling out the form for the aliens' police for the purpose of obtaining permission for his further stay in Switzerland and therefore had the opportunity to express himself before the settlement permit was granted. It was also clear to him that the separate living arrangements with his Swiss wife and the paternity of his extramarital son were essential facts that he had to disclose to the…