Questão jurídica principal
Whether the administrative appeal was admissible despite the foreign police exclusion rule.
Decisão extraída
The appeal was admissible because, while the marriage formally subsisted, the appellant could in principle invoke a statutory entitlement to a residence permit.
Fundamentação extraída
Under Art. 7(1) ANAG, a foreign spouse of a Swiss citizen generally has an enforceable claim to a residence permit. The exclusion in Art. 100(1)(b)(3) OG does not apply where such a claim exists.