Questione giuridica chiave
Whether the family reunification request for the youngest son was timely under Art. 47 AuG and Art. 126(3) AuG.
Decisione estratta
For the youngest son, the one-year deadline only began to run once he turned twelve; the November 2009 request was therefore timely.
Motivazione estratta
Art. 126(3) AuG starts the relevant deadlines on 1 January 2008 for pre-existing family relationships, but the shortened one-year deadline of Art. 47(1) sentence 2 AuG applies only from the child's twelfth birthday and does not retroact. The lower courts' reading created an internal contradiction and did not fit the statute's purpose.