Questione giuridica chiave
Whether the subsidiary constitutional complaint was admissible despite the lack of an enforceable entitlement to a residence permit extension.
Decisione estratta
The complaint was inadmissible because no legal entitlement to the requested permit extension existed and the earlier non-entry decision had not been validly challenged.
Motivazione estratta
Under Art. 113 BGG subsidiary constitutional complaint is available only when no appeal in public law matters lies. Since no entitlement under federal law, Art. 8 ECHR or Art. 13 BV was established, the appellant lacked standing under Art. 115 lit. b BGG to challenge the merits of the permit refusal.