Key legal question
Whether the complaint in public law matters was admissible despite the absence of a statutory or treaty-based entitlement to a residence permit.
Extracted holding
No admissible remedy existed because the applicant had no enforceable right to the permit under former ANAG or any treaty provision.
Extracted reasoning
Under Art. 126 AuG the former law applied. Art. 17(2) ANAG gave a right only while spouses lived together and for settlement after five uninterrupted years, neither condition being met after the definitive separation and insufficient duration of cohabitation.