Key legal question
Whether the public-law appeal was admissible in immigration matters despite Art. 83 lit. c ch. 2 BGG
Extracted holding
The appeal was admissible because, under the former ANAG applicable to this pre-2008 application, the appellant had a statutory claim to a residence permit.
Extracted reasoning
Art. 126(1) AuG preserved the former law for pending applications and decisions; under Art. 7(1) ANAG a Swiss spouse's foreign spouse generally has a right to a residence permit.