Key legal question
Whether the public law appeal against the refusal to extend the residence permit was admissible
Extracted holding
The appeal was inadmissible because no federal or international right to the requested permit existed after the spouse’s death before five years of marriage.
Extracted reasoning
Under former ANAG, the surviving foreign spouse’s statutory entitlement lapses if the Swiss spouse dies before the five-year threshold; Art. 8 ECHR and religious freedom did not create a claim on these facts.