Questão jurídica principal
Whether the public-law appeal against the refusal to renew the residence permit was admissible
Decisão extraída
The appeal was admissible in principle because a Swiss spouse may have a statutory claim to renewal under Art. 42 AuG; the sham-marriage allegation concerned the merits.
Fundamentação extraída
A claim under Art. 42 AuG exists in principle for spouses of Swiss citizens. The question whether the marriage was abusive does not affect standing but the substantive entitlement.