Questão jurídica principal
Whether the administrative federal appeal was admissible despite the exclusion rule for residence permits without a federal entitlement.
Decisão extraída
The appeal was admissible only to the limited extent that the appellant alleged a post-2003 genuine marital union creating a right under Art. 7 ANAG; otherwise no entitlement existed.
Fundamentação extraída
Because the marriage had already been judicially found to be a sham marriage, no general right to a residence permit remained. Review was therefore confined to whether a real marital union had developed after the earlier Federal Court judgment.