Questione giuridica chiave
Whether the husband’s complaint against refusal of a residence permit for his wife was admissible and well founded under family reunification rules.
Decisione estratta
He could invoke the statutory spouse entitlement in principle, but the claim failed because the marriage was used in an abusive manner to secure immigration benefits.
Motivazione estratta
A right under the spouse reunification provision exists for a Swiss citizen, yet it is lost where the marriage is entered into or relied upon abusively to circumvent immigration rules.