Kernrechtsfrage
Whether the federal administrative law appeal was admissible against the refusal to extend a residence permit.
Extrahierter Entscheid
The appeal was inadmissible because no federal-law entitlement to the permit existed.
Extrahierte Begründung
Under Art. 100(1)(b) Ziff. 3 OG, an appeal is excluded when the foreign national has no enforceable right to the permit. The appellant could not rely on Art. 7 ANAG because the five-year period was not completed before the spouse's death, nor on Art. 8 EMRK/Art. 13 BV, and hardship provisions under the ordinance did not create a right.