Questão jurídica principal
Whether the public-law appeal was admissible despite the general exclusion for immigration permits
Decisão extraída
The appeal was admissible because the appellant could invoke a potentially enforceable claim under family life, based on his Swiss child born after the earlier final decision.
Fundamentação extraída
A new fact arising after the prior final decision can create a relevant claim under Art. 8 ECHR; the existence of a Swiss child was materially new, whereas the earlier marriage and relation to the first daughter had already been assessed.