Question juridique clé
Whether the federal public law appeal was admissible against the cantonal non-entry decision on the residence permit
Solution extraite
The appeal was inadmissible because no federal or treaty-based entitlement to the permit existed.
Motifs extraits
Under Art. 83 lit. c ch. 2 BGG, an appeal is excluded where no right to the permit exists. The applicant no longer fulfilled Art. 17(2) ANAG because the spouses had not lived together for a long time; Art. 8 ECHR did not create a claim either.