Kernrechtsfrage
Whether the Federal Administrative Court violated the right to be heard by relying on new dossier documents without notifying the parties
Extrahierter Entscheid
Yes. The court relied on decisive documents from the Geneva population office dossier that had not been part of the first-instance file and were not disclosed to the applicant for comment.
Extrahierte Begründung
When a court uses new decisive documents, it must inform the parties and allow consultation and comment. Because the applicant could not anticipate the use of these materials and the Federal Supreme Court's review of facts is narrower, the defect could not be cured on appeal.