Questão jurídica principal
Whether the federal appeal against the cantonal reexamination judgment was admissible despite the foreigner-law exclusion clause.
Decisão extraída
The appeal was admissible because the respondent had a plausible potential right to residence based on family life under the ECHR.
Fundamentação extraída
The child had a durable right to reside in Switzerland through her Portuguese nationality and residence status, and the father had an effective family relationship with her and shared custody.