Suspicion of fictitious marriage Gay couple defend themselves in federal court after house search
The Zurich police have searched the home of a gay couple on suspicion of a sham marriage. The two men feel their rights have been violated and have lodged an appeal. Now the Federal Supreme Court decides.
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- In 2022, the Zurich police searched the home of a gay couple without prior investigation on suspicion of a fictitious marriage for the purpose of evading residency.
- The suspicion turned out to be unfounded, but the couple felt criminalized by the intimate questioning and the procedure and lodged an appeal.
- The Federal Supreme Court heard the case in public on 10 June after the Zurich Administrative Court dismissed the appeal on the grounds of overriding public interest.
At 6.15 a.m. in August 2022, the doorbell of a gay couple in Zurich rings. The Zurich cantonal police, acting on behalf of the migration office, carry out a search of their home. The suspicion: a sham marriage to obtain a residence permit. Eduardo P., a Peruvian, and his Swiss partner David P. (names changed) are surprised by the officers. The "Aargauer Zeitung" was the first to report on the case.
The police document the apartment with photos, including the personal belongings of the two men. Eduardo is taken to the police station and has to reveal intimate details about his relationship. David follows him later and is also questioned. The suspicions turn out to be unfounded, but the couple feel they are being treated like criminals.
Eduardo came to Zurich in 2017 to do a doctorate and initially lived with David. He later moved to Bern when his research position was relocated. Despite living separately, they maintained a partnership. Shortly before Eduardo's residence permit expired, they registered their partnership and applied for family reunification, which required them to live together.
The migration office demanded proof of cohabitation, which the couple provided. Nevertheless, the fact that they had previously lived separately led to suspicions. The police operation was carried out without prior clarification by the office.
Federal court deliberates in public
The couple are now demanding a legal review of the police check. The Zurich Administrative Court dismissed their complaint, as there was a public interest in combating marriages of convenience. The couple are now taking their appeal to the Federal Supreme Court.
Lawyer Christian Bignasca criticizes the migration office's approach as systematic and disproportionate. Those affected see themselves in an unwanted role of public attention, while they actually want to protect their privacy.
The Federal Supreme Court will hear the case in a public hearing on June 10. This indicates that they have not reached an agreement in writing, as is usually the case. They will present their opinions in front of those present in the Great Hall and then reach their verdict by voting.
The editor wrote this article with the help of AI.
