Key legal question
Whether the appeal in public law matters was admissible against the non-renewal of the residence permit.
Extracted holding
No. The challenged permit decision was not subject to an enforceable entitlement within the meaning of Art. 83 lit. c Ziff. 2 BGG.
Extracted reasoning
Under former Art. 17(2) ANAG, a spouse of a settled foreigner is entitled only while the spouses live together. The parties had been living apart for a considerable time for family-related reasons, not for compelling external reasons, so no continuing entitlement existed.