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In a verdict published Monday, the federal judges stressed that their colleagues in St. Gallen must have been aware of the then known indications of an escalation in Ukraine. The Federal Ministry of Foreign Affairs (FDFA) decided on February 14, 2022 to evacuate the families of the staff of the Swiss embassy in Kyiv.
Against this background, it is not clear why the Federal Administrative Court did not consider the situation in Ukraine as an obstacle to the return of the woman and her daughter – even though there was no war at the time.
The Federal Supreme Court therefore overturned the verdict and referred the case back to the Federal Administrative Court. It must now take into account all the circumstances that existed at the time of its decision.
No residence after divorce
In 2014, the complainant was married to a French national with a residence permit. The couple divorced in 2019. For this reason, the Vaud authorities initially refused to renew the woman’s residence permit. For important personal reasons, the responsible agency subsequently decided to extend the stay.
The State Secretariat for Migration (SEM) rejected this in January 2021 and instructed the woman to leave Switzerland in mid-April. The Ukrainian national filed a complaint with the Federal Administrative Court and informed her that she had given birth to a girl in the meantime. The father is a Turkish citizen who has since left Switzerland without acknowledging the child. (SDA)
Source:Blick
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