Questione giuridica chiave
Whether the complaint against refusal to renew the residence permit was admissible and the appellant had standing
Decisione estratta
The complaint in public law matters was admissible because the appellant, as spouse of a Swiss citizen, had a prima facie statutory entitlement to renewal.
Motivazione estratta
Art. 42 AuG gives a foreign spouse of a Swiss national an entitlement to renewal if the spouses live together; the existence of a possible denial on the merits does not affect admissibility.