Questione giuridica chiave
Whether the public law appeal was admissible against the refusal of suspensive effect in a residence-permit-for-studies case
Decisione estratta
No. Because Art. 27 LEtr is discretionary, the applicant had no entitlement under federal or international law, so the public law appeal was inadmissible under Art. 83 lit. c ch. 2 and 4 LTF.
Motivazione estratta
In foreigner matters, the public law appeal is excluded where the contested decision concerns a permit to which no right exists and a removal decision. The permit provision invoked is potestative and creates no enforceable claim.