Key legal question
Whether a public-law appeal was available under Art. 44 LEtr and Art. 8 ECHR for the requested residence permit.
Extracted holding
No. Art. 44 LEtr is potestative and does not itself confer an enforceable right; Art. 8 ECHR was unavailable because the mother had no durable residence right in Switzerland and no effective, close family relationship had been shown.
Extracted reasoning
The court held that the statutory and convention-based prerequisites for a legal entitlement were absent, so the public-law appeal route under Art. 83 let. c ch. 2 LTF was closed.