Questão jurídica principal
Whether the complaint in public law matters was admissible despite the immigration context and a possible hardship permit.
Decisão extraída
The complaint was admissible as to the residence-permit issue because the appellant had a prima facie statutory and Convention-based family-life claim; it was inadmissible only insofar as it sought a hardship permit.
Fundamentação extraída
A spouse of a settled foreign national living in common household has a presumptive claim under Art. 43 AuG and Art. 8 ECHR/Art. 13 BV. Whether extinction grounds apply is a merits question. No entitlement exists to a hardship permit under Art. 30 ff. AuG.