Question juridique clé
Whether the refusal of free legal aid and counsel in the cantonal recourse proceedings violated Article 29(3) of the Constitution.
Solution extraite
No. The recourse was objectively hopeless because the abuse-of-right finding was clear on the existing record, so refusal of legal aid was compatible with Article 29(3) BV.
Motifs extraits
A claim is hopeless when chances of success are markedly lower than the risk of loss. The complainant had to know, from the overall correspondence and file, that the authorities would likely uphold the view that the marriage was no longer a valid basis for renewal of the permit.