Key legal question
Admissibility of administrative law appeal in foreign police matters regarding family reunification
Extracted holding
The appeal was admissible under Art. 17(2) LSEE and Art. 8 ECHR, since these provisions could in principle confer a right to the requested permits.
Extracted reasoning
Although foreigners generally have no entitlement to a residence permit, children under 18 and unmarried may derive a right from Art. 17(2) LSEE and, if they have real and effective ties with the parent in Switzerland, from Art. 8 ECHR. The Convention on the Rights of the Child did not confer such a right.