Question juridique clé
Whether the administrative judicial appeal was admissible despite the foreign police exclusion rule.
Solution extraite
The appeal was admissible because, while the spouses were separated, the marriage formally still existed and therefore the appellant could in principle rely on Art. 7(1) ANAG.
Motifs extraits
A still-existing marriage can found a legal entitlement; the statutory exclusion only applies where no federal right exists.