Facts
The applicants, [A.] and [B.] , married on 3. September 2015 in Denmark. [A.] , a Spanish national, received a residence permit EU/EFTA in Switzerland on 21. March 2016, while [B.] , a Bangladeshi national, received a corresponding permit on 23. August 2016.
The Migration Office of the Canton of Zurich revoked both EU/EFTA residence permits on 9. March 2018, as it suspected that it was a sham marriage. The Security Directorate of the Canton of Zurich partially lifted the ruling and dismissed the appeal. The applicants then appealed to the Administrative Court of the Canton of Zurich, which dismissed their appeal.
The applicants filed a complaint with the Federal Court and requested the annulment of the judgment of the Administrative Court. They claimed that the lower court had obviously incorrectly established the facts and that the revocation of the EU/EFTA residence permit of the applicant was abusive.
Considerations
The Federal Court examined the jurisdiction and the admissibility requirements and came to the conclusion that the complaint was admissible. It found that the lower court had not obviously incorrectly established the facts and that the revocation of the EU/EFTA residence permit of the applicant was not abusive.
The Federal Court stated that the lower court had rightly assumed that it was a sham marriage based on indicators such as the short period of getting to know each other, the fact that the marriage was concluded in Denmark, and the lack of a common household. It also found that the applicants did not speak a common language and that the applicant had already been subject to three…