Questione giuridica chiave
Whether the appeal in public law matters was admissible despite the general exclusion for certain immigration permits.
Decisione estratta
The appeal was admissible because the appellant had a statutory and Convention-based claim to renewal of the residence permit through marriage to a Swiss citizen living with him.
Motivazione estratta
Art. 42 AuG grants spouses of Swiss citizens a right to obtain and renew a residence permit when living together; Art. 8 ECHR also protects the family life of spouses with a stable residence status. Therefore the statutory exclusion did not apply.