Questione giuridica chiave
Whether the Federal Court could hear the administrative law appeal against refusal to renew the residence permit
Decisione estratta
The appeal was admissible because the applicant could rely on rights under the Free Movement Agreement and, alternatively, on family-life and spousal protections.
Motivazione estratta
Although residence permits are generally discretionary, an enforceable claim existed under the FZA and also potentially under Art. 7 ANAG, Art. 8 ECHR and Art. 13 BV.