Key legal question
Whether the husband had an enforceable right to a residence permit through marriage to a Swiss national.
Extracted holding
He could invoke a statutory entitlement in principle under Art. 42(1) AuG, so the constitutional administrative appeal was admissible.
Extracted reasoning
A claimed entitlement under the Foreign Nationals Act must be examined on the merits; admissibility does not depend on proving the entitlement in advance.