Questione giuridica chiave
Whether the public law appeal was admissible in a residence permit renewal dispute
Decisione estratta
No. The appellant had no statutory or treaty-based entitlement to renewal of the residence permit, so the public law appeal was inadmissible.
Motivazione estratta
Under Art. 83(c)(2) LTF, appeals are excluded where no enforceable right exists. The spouse held only a yearly permit and did not have a secure right to reside in Switzerland, so neither Art. 17(2) LDDS, Art. 8 ECHR, nor Art. 38(1) OLS conferred a right.