Question juridique clé
Whether the appeal in public law matters was admissible for family reunification under ANAG and EMRK/BV
Solution extraite
The appeal was admissible because the appellant had a principled right to reunification with his spouse and, for the minor children, a statutory and Convention-based interest.
Motifs extraits
Under Art. 17(2) ANAG the spouse of a settled foreigner has a claim to a residence permit while living together, and children under 18 have a claim to be included in the settlement permit if living with their parents. The appellant could also invoke Art. 8 ECHR and Art. 13(1) BV for his wife and younger son.