Questione giuridica chiave
Whether the public-law appeal was admissible despite the immigration exclusion rule.
Decisione estratta
The appeal was admissible in principle because the appellant could rely on a statutory entitlement under Art. 42 AuG; the court left other admissibility questions open.
Motivazione estratta
A foreign spouse of a Swiss national may invoke an enforceable right to residence and, after five years of regular and uninterrupted stay, to settlement.