Question juridique clé
Whether the complaint in public law matters was admissible despite the exclusion rule for immigration permits.
Solution extraite
The complaint was admissible because the applicant, as spouse of a Swiss citizen, could invoke a statutory entitlement to renewal in principle; the sham-marriage question belonged to the merits.
Motifs extraits
Under Art. 42 AuG, foreign spouses of Swiss citizens have an entitlement if they live together. The existence of a possible sham marriage affects substantive entitlement, not admissibility.