Questione giuridica chiave
Whether the public law appeal was admissible and the subsidiary constitutional complaint excluded
Decisione estratta
The public law appeal was admissible because the appellant could invoke family life under Art. 8 ECHR and Art. 13 BV; the subsidiary constitutional complaint was inadmissible.
Motivazione estratta
Although no statutory reunification claim arose under the Aliens Act alone, the appellant had a protected, established residence right through his marriage to a Swiss citizen and alleged an actual family relationship with his children. That allowed review under constitutional and conventional family-life guarantees.