Key legal question
Whether the complaint in public law matters was admissible despite the absence of a residence-permit entitlement.
Extracted holding
The complaint was inadmissible because no federal or treaty-based entitlement to renewal existed.
Extracted reasoning
Under Art. 83(c)(2) BGG, public-law complaints are excluded in immigration matters where no entitlement exists. Only ANAG applied, not AuG Art. 50. Since the spouses no longer lived together and the marital cohabitation had not lasted five years, Art. 17(2) ANAG did not confer a continuing right.