Question juridique clé
Whether the public-law appeal against refusal of a residence permit and removal was admissible despite no enforceable entitlement.
Solution extraite
The appeal was manifestly inadmissible because no statutory or treaty-based right to the permit existed and the removal order was not challengeable by this remedy.
Motifs extraits
The marital cohabitation requirement of Art. 42 AuG was not met, the family union had broken down, and the marriage had not lasted three years. The complaint did not plausibly show important personal reasons under Art. 50 AuG, so no entitlement was substantiated under Art. 42 para. 2 BGG requirements.