Facts
The appellant [A.A.] , a Macedonian national, married the Slovak national [D.] on 5 November 2013 in North Macedonia. The wife entered Switzerland on 1 October 2014 and received a residence permit EU/EFTA. [A.A.] entered Switzerland as a tourist on 29 June 2015 and received a residence permit on 13 July 2015 under the family reunification scheme with his spouse. The two children of the appellant, [B.A.] and [C.A.] , entered Switzerland as tourists on 25 May 2016 and received a residence permit on 22 July 2016 under the family reunification scheme with their father.
The Migration Office of the Canton of St. Gallen revoked the residence permits of [A.A.] and the two children by decision of 4 January 2018 and ordered them to leave Switzerland within 60 days of the decision becoming final. The lower court dismissed the appeal against the decision.
Considerations
The Federal Court examined the appeal in public law matters and came to the conclusion that the lower court had violated the appellant's right to be heard (Art. 29 para. 2 Cst.) by waiving the witness interviews requested by him.
The lower court had established that the appellant's spouse had stayed in the Canton of Valais during the week and had only been living in the marital home again since February 2018. The lower court concluded that it was likely with overwhelming probability that it was a sham…