Facts
The complainant, a 1962-born man from Kosovo, entered Switzerland in 1986 and worked as a driver. He submitted several applications for family reunification of his wife and children, which were rejected. The complainant received a settlement permit in 1998 and again submitted an application for family reunification, which was rejected. The complainant appealed to the government council of the canton of Basel-Landschaft, which dismissed the appeal. The complainant then filed a complaint with the Federal Supreme Court.
The lower court had confirmed the risk of continued and significant welfare dependence and rejected family reunification. The complainant had applied for a disability pension from the federal disability insurance, but had not yet received a pension decision.
Considerations
The Federal Supreme Court has upheld the complaint and overturned the decision of the administrative court. The court found that the complainant is entitled to a residence permit or settlement permit, as he holds a settlement permit and his wife and children are entitled to be included in the settlement permit.
However, the court also found that the lower court had confirmed the risk of continued and significant welfare dependence without considering the possible granting of a disability pension and the associated supplementary benefits. The court therefore overturned the decision and referred the case back to the administrative court for re-evaluation.
The court also found that the lower court must conduct a balancing of interests to decide…