Questione giuridica chiave
Whether the administrative law appeal was admissible against denial of a residence permit under Art. 7 ANAG
Decisione estratta
The appeal was admissible in principle because the applicant remained formally married to a Swiss citizen; however, it was inadmissible insofar as it challenged the cantonal department's decision directly.
Motivazione estratta
A foreign spouse has a statutory entitlement under Art. 7 ANAG as long as the marriage formally exists. But the Federal Court appeal can only be directed against the final cantonal judgment, not the prior departmental order.