Questione giuridica chiave
Whether the appeal in public law matters was admissible despite the general exclusion for residence permits without an entitlement.
Decisione estratta
The appeal was admissible because the appellant could invoke a potential right under former Art. 7 ANAG and, in view of his daughter in Switzerland, also Art. 8 ECHR.
Motivazione estratta
Although permits without a legal entitlement are generally excluded from this remedy, the appellant had a potentially enforceable claim based on a long marriage to a Swiss citizen and a family-life interest with his daughter.