Questione giuridica chiave
Whether the administrative law appeal was admissible against refusal to renew the residence permit and the removal order
Decisione estratta
No enforceable federal-law entitlement existed because the spouses no longer lived together, so the administrative law appeal was inadmissible; the removal order could also not be challenged by that remedy.
Motivazione estratta
Art. 17(2) ANAG grants a right only while spouses live together. The applicant had been separated for a considerable time, and the reasons for the separation were irrelevant. Under Art. 100(1)(b) OG there was therefore no admissible administrative appeal.