Question juridique clé
Whether the subsidiary constitutional complaint was admissible against the refusal of a settlement permit.
Solution extraite
No. The appellant had no statutory or treaty-based entitlement to the permit, so ordinary public-law appeal was excluded and the subsidiary constitutional complaint was the only possible federal remedy.
Motifs extraits
Art. 83(c)(2) BGG bars the public-law appeal where no right to the permit exists. The 1888 Switzerland-Serbia treaty does not confer a claim on persons who do not already hold settlement rights.