Facts
The Federal Court had rendered a decision on November 3, 1999, which had upheld the refusal of a residence permit for Abdelouahab Boultif, an Algerian man married to a Swiss woman. The European Court of Human Rights found on August 2, 2001, that Switzerland had thereby violated Art. 8 ECHR. Abdelouahab Boultif subsequently filed a request for revision with the Federal Court, aiming to overturn the judgment of November 3, 1999, and extend his residence permit.
The parties involved were Abdelouahab Boultif, the Government Council of the Canton of Zurich, the Administrative Court of the Canton of Zurich, and the Federal Office for Foreigners. The Federal Court had to decide whether the request for revision was admissible and whether the requirements for a revision according to Art. 139a FJA were met.
Considerations
The Federal Court first examined whether the request for revision was admissible. It found that the applicant had been a party to the original proceedings and was therefore entitled to request a revision of the corresponding decision. However, the applicant had filed his request prematurely on August 23, 2001, as the decision of the Court of Human Rights was not yet final at that time.
The Federal Court pointed out that revision under Art. 139a FJA is excluded if only material interests are at stake and the Convention violation can only be remedied by compensation. It found that the Court of Human Rights had decided on August 2, 2001, that the refusal to extend the applicant's residence permit had constituted a disproportionate interference with his right to family life (Art. 8 ECHR).
The Federal Court concluded that the impairment resulting from the applicant's unlawful lack of a residence permit and the consequent separation from his wife for a certain period could no longer be remedied…