Questão jurídica principal
Admissibility of the public law appeal and applicable law
Decisão extraída
The appeal was admissible as to the challenge against the cantonal judgment, and the case was governed by the former Aliens Act because the relevant application predated 1 January 2008.
Fundamentação extraída
The Federal Act on Foreign Nationals did not apply ratione temporis. The appeal could not directly target the first-instance cantonal decision because of devolutive effect, but the appellant had a principled entitlement under former Art. 17(2) ANAG/LSEE, so Art. 83(c)(2) LTF did not bar review.