Question juridique clé
Whether the Federal Court could hear the administrative law appeal against refusal to renew the residence permit
Solution extraite
The appeal was admissible because the applicant could rely on rights under the Free Movement Agreement and, alternatively, on family-life and spousal protections.
Motifs extraits
Although residence permits are generally discretionary, an enforceable claim existed under the FZA and also potentially under Art. 7 ANAG, Art. 8 ECHR and Art. 13 BV.