Kernrechtsfrage
Whether a direct appeal to the Federal Supreme Court was admissible against the decision of the Zurich Security Directorate in an immigration case.
Extrahierter Entscheid
No. The decision of the Security Directorate had first to be challenged before the Zurich Administrative Court; only that court's judgment could then be appealed to the Federal Supreme Court.
Extrahierte Begründung
Under Art. 86 BGG, appeals to the Federal Supreme Court lie against final cantonal decisions, and the cantons must designate an upper cantonal court as the immediate instance. In Zurich, § 41 VRG makes the Administrative Court the proper appeal instance against decisions of the Security Directorate in immigration matters. The Federal Office was therefore required to seize the Administrative Court first.