Kernrechtsfrage
Admissibility of administrative appeal for denial of residence permit to foreign spouse of Swiss citizen
Extrahierter Entscheid
The appeal was admissible for the husband because a formal marriage to a Swiss citizen existed; the wife's standing was denied because she had not participated below.
Extrahierte Begründung
Under Art. 7(1) LSEE, a foreign spouse of a Swiss citizen may invoke a legal right; for admissibility, only the formal existence of marriage matters, while abuse-of-right questions belong to the merits.