Kernrechtsfrage
Whether the constitutional complaint against the non-renewal of the residence permit was admissible
Extrahierter Entscheid
The complaint was inadmissible because the applicant had no enforceable right to the permit and no protected legal interest to challenge its refusal.
Extrahierte Begründung
Under Art. 17(2) ANAG, a foreign spouse is entitled only while living together, or after five years of orderly uninterrupted cohabitation. Those conditions were not met, so neither federal law nor treaty law conferred a right. Without a right, there was no standing under Art. 88 OG, and arbitrariness could not be invoked on the merits.