A new Law is set to be passed in Zurich court to stop marriages between illegal immigrants and Swiss nationals.
In January 2011, a law was passed in Zurich court which prevents asylum seekers from getting married to Swiss nationals after being denied or rejected from their asylum applications. The said asylum usually use this method in abusing and bypassing their rejection and probably repatriation from Switzerland.
The law, also known as Lex Brunner is named after the man who initiated. The man is Toni Brunner, the far-right SVP leader.
According to the Tages-Anzeiger newspaper, the problem with the new law is that it may invade the human right to marry under the European Convention on Human Rights.
As a result of this disagreement, certain regions have started permitting illegal immigrants the right to marry Swiss citizens.
In Bern and Vaud, for example, illegal immigrants with criminal records have been given the green light to wed in direct contravention of the law.
However, a recent case in Zurich may lead to the restoration of the marriage rules.
An incident occurred in 2008 where a young man entered Switzerland illegally, he later went to seek for asylum in which his application was rejected. However, he was given until 2010 to leave the country which he did not do and has recently requested permission to marry a Swiss woman.
His request was turned down and he appealed to the Department of Justice, which supported his appeal in part and instructed the registry office to review the pair’s application.
Nevertheless, in order to prevent the law being set aside as it has been in the other regions, the Federal Office of Justice has submitted the case to the cantonal administrative court.
If the young man is unable to provide evidence of his legal residency in Switzerland, the court will have no option in its interpretation of the rules.
Source: The Local.