Facts
The appellant, a Macedonian national, has been living in Switzerland since 1985 and was granted a settlement permit in 1996. He has two sons and two daughters, with the younger daughter [S.S.] living in Macedonia with her grandmother. The appellant filed an application for family reunification for his daughter [S.S.] on July 26, 1999, which was rejected by the Directorate for Social Affairs and Security of the Canton of Zurich. The Government Council of the Canton of Zurich and the Administrative Court of the Canton of Zurich confirmed this decision.
The appellant filed an administrative appeal with the Federal Court and requested that the decision of the Administrative Court of the Canton of Zurich be overturned and that the Aliens' Police of the Canton of Zurich be instructed to grant his daughter entry into Switzerland and issue her a settlement permit.
Considerations
The Federal Court rejected the administrative appeal. It found that the appellant has held a settlement permit since 1996 and thus has a legal right to family reunification for his daughter. However, the court also found that the appellant had left his daughter in Macedonia with her grandmother for nine years and only now, shortly before she reaches the age of majority, filed an application for family reunification.
The court considered this to be an abuse of law, as the appellant was unable to credibly explain why he now wants to bring his…