Facts
The Turkish citizen [X.] entered Switzerland illegally in 1987 and filed an asylum application. He claimed to have been harassed and beaten by the Turkish police as a Kurd. In the asylum proceedings and in an application for a permit to employ a foreign worker, he presented himself as childless. In 1989, he married the Swiss citizen [Y.] and received a residence permit to stay with his wife. He withdrew his asylum application. In 1994, he received the settlement permit. The marriage was divorced in 1996. In 1999, [X.] applied for a change of civil status and stated that he had married in Turkey in 1998 and had three children.
The population services of the canton of Basel-Stadt revoked the settlement permit due to fraud by knowingly concealing facts. The Police and Military Department of the canton of Basel-Stadt and the Court of Appeal of the canton of Basel-Stadt confirmed this decision. [X.] filed an administrative appeal with the FJA.
Considerations
The FJA examined whether the administrative appeal was admissible and whether the appellant was entitled to bring the appeal. It found that the administrative appeal was admissible and the appellant was entitled to bring it.
The court applied federal law ex officio and examined whether the settlement permit could be revoked due to fraud by knowingly concealing facts. It found that the appellant had provided the immigration authorities with incorrect or incomplete information about his family circumstances and that the…