Key legal question
Whether the administrative law appeal was admissible in a family reunification matter without an enforceable right to the permit.
Extracted holding
The appeal was inadmissible because the appellant had no statutory or treaty-based right to the residence permits sought for his wife and children.
Extracted reasoning
Under Art. 100(1)(b)(3) OJ, a public law appeal is excluded where federal law confers no right to the permit. The appellant lacked an establishment permit, could not rely on Art. 17(2) LSEE, and neither Art. 8 ECHR nor the Convention on the Rights of the Child created an enforceable entitlement.