Question juridique clé
Whether the appeal against the refusal to approve the extension of the residence permit was admissible
Solution extraite
The appeal was admissible only to the extent the appellant challenged the applicability of Art. 50 LEtr; the request to annul the federal office's decision was inadmissible because the Federal Administrative Court had full devolutive effect.
Motifs extraits
The court held that the question whether Art. 50 LEtr applies concerns the merits, not admissibility, but that a separate request against the first-instance administrative decision cannot be entertained after the appellate judgment.