Key legal question
Whether the administrative appeal was admissible against the revocation of the residence permit
Extracted holding
Yes. The appeal was admissible against the decision revoking the residence permit, and also because the appellant could rely in principle on a derived right under the Swiss-EU free movement regime.
Extracted reasoning
The Court held that the old federal administrative procedure rules still applied and that the challenged decision was one revoking an advantageous permit. As the spouse of an Italian national with settlement status, the appellant could in principle invoke the relevant bilateral agreement and annex rights.