Key legal question
Whether the appeal was admissible based on Art. 8 ECHR and Art. 13 BV family life rights.
Extracted holding
No admissible claim existed because the marital and parental relationships were not actually lived and did not amount to a protected family relationship in Switzerland.
Extracted reasoning
The appellant lived separately from her Swiss husband and he sought divorce; she also had no effective caring relationship with the child, so no enforceable right to a residence permit followed from those provisions.