Kernrechtsfrage
Whether the public-law appeal was admissible despite the foreigner-law exclusion rule
Extrahierter Entscheid
The appeal was admissible because, as the spouse of an EU national with residence rights in Switzerland, the appellant could invoke a derived right under the Free Movement Agreement; whether he ultimately met the requirements was a merits issue.
Extrahierte Begründung
Under Art. 7 lit. d ALCP and Annex I Art. 3 paras. 1-2, the spouse of a Community national has a derived residence right during the formal marriage, so Art. 83 lit. c ch. 2 LTF did not bar the appeal.