Question juridique clé
Whether the public law appeal was admissible under Art. 83(c)(2) LTF based on a right to a residence permit under Art. 17(2) LSEE
Solution extraite
No. The father never held a settlement permit in Switzerland, so Art. 17(2) third sentence LSEE did not confer a right.
Motifs extraits
Without a federally or internationally protected entitlement, the appeal is excluded by Art. 83(c)(2) LTF.