Questione giuridica chiave
Whether the appeal against refusal of a residence permit is admissible where the applicant lacks a legal entitlement under Art. 17(2) LSEE.
Decisione estratta
Because the spouses were not living together, Art. 17(2) LSEE did not apply and no entitlement to a residence permit existed.
Motivazione estratta
The court accepted the factual finding that the husband did not intend to leave his residence and that the alleged resumption of cohabitation was not effective. Without effective common life, the statutory basis for a family-reunification entitlement was absent.