Question juridique clé
Whether the public-law appeal was admissible despite the immigration exclusion rule.
Solution extraite
The appeal was admissible in principle because the appellant could rely on a statutory entitlement under Art. 42 AuG; the court left other admissibility questions open.
Motifs extraits
A foreign spouse of a Swiss national may invoke an enforceable right to residence and, after five years of regular and uninterrupted stay, to settlement.