Questione giuridica chiave
Whether the appeal was admissible against the refusal to renew the residence permits
Decisione estratta
The appeal was inadmissible because no enforceable right to the permit renewal existed.
Motivazione estratta
A foreign national may challenge such a refusal only if a federal statute or treaty grants a right. The applicant could not derive a right from Art. 7 ANAG because the cantonal court had already finally held that the marriage was abusive and created no residence right. No other basis under Art. 8 ECHR or the Constitution was established, and the children could not derive a right from the father's status.