Questione giuridica chiave
Whether the administrative appeal was admissible and the constitutional complaint excluded
Decisione estratta
The administrative court appeal was admissible because the applicant could invoke Art. 17(2) ANAG; the subsidiary constitutional complaint was therefore unavailable.
Motivazione estratta
A spouse of a settled foreigner has a statutory claim to a permit while cohabiting. Whether the permit may nevertheless be refused for sham marriage is a merits question, not an admissibility issue.