Question juridique clé
Whether the husband was entitled to a settlement permit under Art. 17(2) ANAG despite alleged breach of public order
Solution extraite
The refusal could not stand because the assessment of his repayment conduct was methodologically flawed and did not justify treating his behavior as a breach of public order.
Motifs extraits
Settlement permit entitlement under Art. 17(2) ANAG exists in principle after five years of cohabitation, but it may lapse if the applicant breaches public order. The Federal Court held that the cantonal court relied on an overly short reference period and schematic monthly averages, failed to examine the concrete liquidity situation, and did not weigh the overall stabilization of the family situation. On that basis, poor repayment morale was not sufficiently established.