Question juridique clé
Whether the Federal Supreme Court could hear the public-law appeal despite the immigration exception in Art. 83 lit. c ch. 2 LTF.
Solution extraite
The appeal was admissible only to the extent that the appellant invoked Article 8 ECHR to maintain family life with his spouse; the subsidiary constitutional complaint was inadmissible.
Motifs extraits
In immigration matters, public-law appeal is excluded when no entitlement exists under federal or international law. Because the appellant relied on Article 8 ECHR, that narrow gateway remained open.