Questão jurídica principal
Whether the public-law appeal was admissible despite the immigration exclusion clause.
Decisão extraída
The appeal was admissible because the appellant plausibly invoked a potential entitlement under Art. 50 LEtr and Art. 8 ECHR; the removal order itself was not open to this appeal.
Fundamentação extraída
For admissibility, a merely arguable right suffices. The appellant advanced a sustainable claim to remain in Switzerland based on post-divorce hardship and private life protection.