Questione giuridica chiave
Whether the public law appeal was admissible despite the lack of a federal or treaty-based entitlement to renewal of the residence permit.
Decisione estratta
No. After the Swiss spouse’s death and before five years of marriage had elapsed, no enforceable entitlement to renewal remained under Art. 7 ANAG or any other norm.
Motivazione estratta
Art. 83 lit. c no. 2 BGG excludes public law appeals against foreigner-law decisions on permits to which there is no entitlement. The statutory right tied to marriage expires when the Swiss spouse dies before the five-year threshold is reached.