Kernrechtsfrage
Admissibility of the subsidiary constitutional complaint against the refusal of a residence permit for hardship reasons
Extrahierter Entscheid
The complaint was manifestly inadmissible because the applicant lacked a legally protected interest to challenge the merits.
Extrahierte Begründung
Article 30(1)(b) LEtr is discretionary, so it does not confer an enforceable right. The applicant therefore could not invoke arbitrariness on the merits through subsidiary constitutional review.