Facts
The appellant, a citizen of Sri Lanka, entered Switzerland in 1990 and was granted a residence permit in 2003. He married his second wife in Sri Lanka in 2013, whom he had already met in 2004. In 2016, the spouses applied for family reunification, which was rejected by the Office for Migration and Civil Law of the Canton of Grisons. The lower court dismissed the appeal lodged against this decision, as it feared a concrete danger of dependence on social assistance.
The appellants appealed to the Federal Supreme Court, arguing that they had a established right of residence and therefore had a claim to family reunification. They complained that the lower court had not applied the conditions for family reunification correctly and that the danger of dependence on social assistance did not exist.
Considerations
The Federal Supreme Court examined the appeal and came to the conclusion that the appellants have a claim to family reunification. It found that the appellant has a established right of residence, as he has been living in Switzerland uninterrupted since 1990 and holds a residence permit.
The court also examined the conditions for family reunification and found that the spouses meet the requirements. It came to the conclusion that the lower court had not correctly…