Questione giuridica chiave
Whether the complaint was admissible despite Article 83 BGG limitations and whether Article 50 AuG applied.
Decisione estratta
No claim arose under Article 50 AuG because the permit was no longer based on the marriage on 1 January 2008; admissibility existed only insofar as the appellant relied on Article 8 ECHR for renewal of the permit, not regarding expulsion.
Motivazione estratta
The permit had been renewed after separation and then lapsed; the transitional situation did not preserve a marriage-based entitlement. However, a foreign parent of a Swiss child may invoke family life under Article 8 ECHR if the child has a secure right of residence.