Key legal question
Whether the public law appeal against the refusal to extend the residence permit and the removal order was admissible
Extracted holding
The appeal in public law matters was inadmissible because no enforceable entitlement to a residence permit existed and the removal order was also not appealable in this procedure; exhaustion of the cantonal instance was in any event lacking.
Extracted reasoning
After divorce within less than five years of marriage, no claim arose under Art. 7 ANAG. Nor did Art. 8 ECHR provide a relevant entitlement on the facts. Without a federal or convention-based right, Art. 83 lit. c Ziff. 2 and 4 BGG barred the ordinary appeal; additionally, the appellant had not first obtained a judgment from the cantonal administrative court.