Key legal question
Whether the appeal in public law matters was admissible against the Federal Administrative Court judgment in an asylum case involving removal and provisional admission.
Extracted holding
The appeal was inadmissible because the case fell under asylum and was excluded by Art. 83 lit. d ch. 1 BGG; the additional exclusion grounds for provisional admission and removal also applied.
Extracted reasoning
The disputed judgment was rendered in the second asylum procedure and therefore concerned asylum law. In addition, the challenged matters involved provisional admission and removal, which are separately excluded from ordinary public-law appeal. A subsidiary constitutional complaint was also unavailable because it lies only against final cantonal decisions.