Question juridique clé
Whether the public-law appeal was admissible despite the applicant invoking hardship grounds only.
Solution extraite
The appeal was inadmissible because the cited provisions on hardship did not confer an enforceable right to a permit, so no claim-based federal-court review was open.
Motifs extraits
After abandoning reliance on Arts. 42, 49 and 50 AuG, the applicant relied only on Arts. 30(1)(b) AuG and 31(1) VZAE. These provisions allow discretionary relief in hardship cases but do not create a right to a permit, triggering Art. 83(c)(2) BGG.