Questão jurídica principal
Whether the administrative law appeal was admissible against the refusal to renew the residence permit.
Decisão extraída
The appeal was admissible only because the applicant, as the spouse of a Swiss citizen, could invoke a statutory entitlement under Art. 7 LDDS; the challenge to the original administrative decision was inadmissible.
Fundamentação extraída
A permit refusal is generally not appealable unless federal or treaty law grants a right to the permit. Art. 7 para. 1 LDDS conferred such a right, while the attack on the first-instance decision was barred by the devolutive effect.