Question juridique clé
Whether the applicant had a right to family reunification for his two sons under Art. 17(3) ANAG and Art. 8 ECHR
Solution extraite
No. The children had lived for years in North Macedonia, maintained established caregiving arrangements there, and no primary bond with the father in Switzerland or particularly compelling family reasons were shown.
Motifs extraits
For a request made by one parent that would disrupt established care arrangements, reunification is justified only if a primary bond to the parent in Switzerland and especially compelling family reasons are proven. The cantonal findings were binding and supported the conclusion that adequate age-appropriate care remained available in the home country.