Questão jurídica principal
Whether the administrative law appeal was admissible despite the general exclusion for permits without a federal entitlement
Decisão extraída
The appeal was admissible because the appellant, still formally married to a Swiss citizen, had a statutory claim under Art. 7(1) ANAG in principle.
Fundamentação extraída
A formally existing marriage to a Swiss citizen generally triggers a right to a residence permit; the exclusion in Art. 100(1)(b)(3) OG does not apply where such a right exists.