Kernrechtsfrage
Whether the administrative federal appeal was admissible despite the exclusion rule for residence permits without a federal entitlement.
Extrahierter Entscheid
The appeal was admissible only to the limited extent that the appellant alleged a post-2003 genuine marital union creating a right under Art. 7 ANAG; otherwise no entitlement existed.
Extrahierte Begründung
Because the marriage had already been judicially found to be a sham marriage, no general right to a residence permit remained. Review was therefore confined to whether a real marital union had developed after the earlier Federal Court judgment.