Question juridique clé
Whether the public-law appeal was admissible despite the asylum/foreigners-law exclusion rules because the appellant invoked Article 8 ECHR.
Solution extraite
The appeal was admissible because the appellant plausibly relied on a right under Article 8 ECHR; whether that right actually existed was a merits question.
Motifs extraits
The existence of a Convention-based entitlement affects the substance, not admissibility, and the federal appeal route remained open.