Question juridique clé
Whether the public law appeal was admissible against the refusal to renew the residence permit based on an ordinary hardship permit.
Solution extraite
The complaint was not admissible to the extent it challenged the discretionary hardship permit issue, because no enforceable entitlement existed and the related procedural complaints could not be separated from the merits.
Motifs extraits
A general hardship permit under Art. 30(1)(b) AuG is discretionary, not claim-based; therefore neither the public law appeal nor the subsidiary constitutional complaint was available for that part.