Kernrechtsfrage
Whether the administrative appeal against refusal of a residence permit was admissible despite foreigner-law limits.
Extrahierter Entscheid
The appeal was admissible as to the residence permit because the Swiss spouse could invoke the formal marriage right under Art. 7 LDDS; admissibility under Art. 8 ECHR was left open.
Extrahierte Begründung
For standing, only the formal existence of the marriage mattered. Possible abuse or statutory exceptions concerned the merits, not admissibility.