Question juridique clé
Whether the Federal Supreme Court could hear the matter by administrative law appeal despite the absence of a present entitlement to a residence permit
Solution extraite
No present entitlement existed because the spouses no longer lived together, so administrative law appeal was excluded.
Motifs extraits
Under Art. 17(2) ANAG and related case law, entitlement for spouses of settled foreigners requires cohabitation and an intact family relationship; that condition was no longer met.