Kernrechtsfrage
Whether the appellant could remain in Switzerland while the family-reunification application was pending under Art. 17 Abs. 2 AuG.
Extrahierter Entscheid
Yes. Given the strong likelihood of an enforceable family-life claim, the authorities had to process the application without requiring departure.
Extrahierte Begründung
The stay requirement would be disproportionate and amount to a formal denial of justice where the application appeared likely to succeed under Art. 8 ECHR; the balance favored allowing procedural residence until the decision.