Kernrechtsfrage
Whether the appeal against the non-renewal of the residence permit was admissible
Extrahierter Entscheid
The administrative law appeal was excluded because no federal right to the permit existed; the constitutional complaint also failed for lack of a legally protected interest and no procedural rights were invoked.
Extrahierte Begründung
Residence permit renewal was discretionary absent a specific federal or treaty entitlement. The marital relationship had broken down, so Art. 17 ANAG and Art. 8 ECHR did not confer a claim; the stay’s original purpose had ceased. Without an enforceable right, there was no standing to challenge the refusal on the merits.