Questão jurídica principal
Whether the children had a right to family reunification under Art. 17 para. 2 LSEE.
Decisão extraída
No. The children did not fall within the protected family life contemplated by Art. 17 para. 2 LSEE because they had lived for years in Turkey apart from their father and maintained stronger ties there.
Fundamentação extraída
The provision protects actually lived family life, not a late move shortly before age 18. In separated families, a right requires a particularly important family reason and a preponderant relationship with the parent in Switzerland. Here the children were mainly integrated in Turkey and with their grandparents; the father waited until they were 14 and 15 before applying.