Key legal question
Whether the federal complaint was admissible despite the general exclusion rule in immigration matters.
Extracted holding
The complaint was admissible because the appellant, as spouse of a Swiss citizen, had a principled statutory claim to a residence permit; the existence of a ground for refusal concerned the merits.
Extracted reasoning
Art. 7(1) ANAG grants a claim to the foreign spouse of a Swiss citizen; therefore Art. 83(c)(2) BGG did not bar the remedy.