Questione giuridica chiave
Whether the public-law appeal was admissible despite the immigration exclusion clause.
Decisione estratta
The appeal was admissible because the appellant plausibly invoked a residence entitlement based on a Swiss spouse and children and on family life.
Motivazione estratta
A claimed entitlement under Art. 42 AuG and Art. 8 ECHR/Art. 13 BV removes the bar of Art. 83 lit. c no. 2 AuG.