Question juridique clé
Is administrative appeal admissible because the foreign spouse has a statutory claim to renewal of the residence permit?
Solution extraite
Yes. Because the marriage formally still existed, the appellant could in principle invoke Art. 7(1) ANAG, so the administrative appeal was available.
Motifs extraits
A formal subsisting marriage gives rise to a potential entitlement under Art. 7(1) ANAG; exclusion under Art. 100(1)(b)(3) OG does not apply where such a claim exists.