Question juridique clé
Whether the administrative law appeal was admissible despite the foreigner-law exclusion rule.
Solution extraite
The appeal was admissible because the appellant, as the spouse of a Swiss citizen whose marriage formally still existed, in principle had a statutory claim under Art. 7(1) ANAG.
Motifs extraits
The exclusion of administrative law appeal applies only where no federal right exists; a still-formal marriage can create a legal entitlement even if the spouses live apart.