Key legal question
Admissibility of the subsidiary constitutional complaint against the refusal of a residence permit for hardship reasons
Extracted holding
The complaint was manifestly inadmissible because the applicant lacked a legally protected interest to challenge the merits.
Extracted reasoning
Article 30(1)(b) LEtr is discretionary, so it does not confer an enforceable right. The applicant therefore could not invoke arbitrariness on the merits through subsidiary constitutional review.