Question juridique clé
Whether the public law appeal was admissible in a foreign nationals matter without a statutory or treaty-based entitlement to the requested permit
Solution extraite
The appeal was inadmissible because the applicants had no enforceable right to the permit under federal law or international law.
Motifs extraits
A spouse of a holder of only a residence permit cannot rely on Art. 17(2) LSEE; Art. 38 and 39 OLE cannot create a right beyond the statute; Art. 8 ECHR did not help because the wife’s own permit did not confer a secure right of residence and the marital links were at least doubtful as effective family life.