Questão jurídica principal
Whether the appeal in public law matters was admissible despite foreign residence-permit rules.
Decisão extraída
The appeal was admissible only to the limited extent that the appellant plausibly invoked a potential right under Article 8 ECHR; no admissibility lay for discretionary hardship, subsidiary claims, or first-time requests for provisional admission.
Fundamentação extraída
The Court distinguished between arguable treaty-based rights and claims excluded by Article 83 BGG. The hardship permit under Article 30 AuG is discretionary, the Article 50 AuG claim was insufficiently substantiated, and provisional admission could not be raised for the first time before the Federal Court.