Questione giuridica chiave
Whether the appeal in public law matters was admissible in an immigration family reunification case
Decisione estratta
The appeal was admissible because the husband could invoke a potential entitlement to a residence permit under Art. 17(2) ANAG and Art. 8 ECHR.
Motivazione estratta
A legal claim existed in principle since the wife was a settled foreigner and the marriage was actually lived; therefore the statutory exclusion for cases without a right to a permit did not apply.