Key legal question
Whether the appeal in public law matters was admissible despite the immigration-law limitation in Art. 83 lit. c ch. 2 BGG.
Extracted holding
The appeal was in principle admissible because the appellant remained married to a Swiss citizen and the Court could examine whether a statutory entitlement under Art. 7 ANAG existed.
Extracted reasoning
A challenge to the existence of a residence-permit entitlement falls within the exception when a legal claim is arguable; the Court distinguished admissibility from the merits.