Key legal question
Admissibility of the public-law appeal against expulsion and refusal to renew the residence permit
Extracted holding
The appeal was admissible against the expulsion and also against the permit refusal because the appellant could in principle rely on a residence claim based on marriage to a Swiss citizen and family life.
Extracted reasoning
The expulsion fell within the ordinary remedy exception, while the permit issue was not excluded because Art. 7 ANAG and Art. 8 ECHR/Art. 13 BV could create an enforceable right.