Questão jurídica principal
Whether the public-law appeal was admissible despite Article 83(c)(2) BGG
Decisão extraída
The appeal was admissible because the applicant could invoke Article 8 ECHR through the uncle's settled residence right based on the registered partnership.
Fundamentação extraída
No statutory or treaty right arose from the ordinary family reunification provisions, and the FZA did not apply. But the uncle had a protected residence status as the registered partner of a Swiss citizen, so the child could rely on family life under Article 8 ECHR.