Question juridique clé
Whether the filing could be treated as a subsidiary constitutional appeal in the absence of a right to a study residence permit.
Solution extraite
Yes. Because Art. 27 para. 1 LEI is discretionary and does not confer a legal entitlement, the filing had to be assessed as a subsidiary constitutional appeal.
Motifs extraits
The statutory wording is potestative; therefore no ordinary appeal was available, only review for constitutional rights under Arts. 83 let. c ch. 2, 113 and 116 LTF.