Questione giuridica chiave
Whether the public-law appeal was admissible because a potential entitlement to a residence permit existed
Decisione estratta
The appeal was admissible because the mother could invoke a potential claim based on family life with her Swiss daughter, and the son could rely on that derivative position as well.
Motivazione estratta
Although the appellants did not rely on the marriage, the mother could potentially derive a right from Art. 8 ECHR/Art. 13 BV due to her genuine relationship with the Swiss child; this sufficed for admissibility.