Question juridique clé
Whether the appellant had a right to family reunification for his spouse under Art. 17 para. 2 LSEE
Solution extraite
The right existed in principle, but the authorities could refuse it because the marriage was invoked abusively and only formally maintained.
Motifs extraits
The marriage was concluded shortly after the first reunification refusal, the spouses had long been separated, and the appellant himself described it as a marriage of convenience to facilitate the children's immigration.