Question juridique clé
Whether the Federal Supreme Court had jurisdiction and the appeal was admissible despite the immigration exception rule.
Solution extraite
The appeal was admissible because the applicant plausibly invoked a statutory entitlement as the spouse of a person holding a settlement permit.
Motifs extraits
A foreign spouse may invoke Art. 43 AuG in a sufficiently substantiated manner; whether the substantive conditions are met is a matter for the merits.