Key legal question
Whether the appellant could challenge the cantonal decision on a hardship residence permit before the Federal Supreme Court by public law appeal or constitutional complaint.
Extracted holding
No. A rejected asylum seeker without a statutory or treaty-based entitlement to a permit has no right to a cantonal permit procedure and therefore lacks standing to bring a constitutional complaint; a public law appeal is excluded.
Extracted reasoning
Under Art. 14 AsylG, such persons may not initiate permit proceedings unless they have an enforceable entitlement. They have no party status in the cantonal procedure, and thus no legally protected interest under Art. 115 lit. b BGG. The only possible federal remedy would be a subsidiary constitutional complaint limited to constitutional rights, but standing is absent.