Questão jurídica principal
Whether the Federal Court could hear the administrative-law appeal for a residence permit requested by a foreign spouse of a Swiss citizen
Decisão extraída
Yes. A foreign spouse of a Swiss citizen may invoke the statutory entitlement in principle; the appeal was therefore admissible.
Fundamentação extraída
Although residence permits are generally discretionary, Art. 7(1) ANAG grants a right to the foreign spouse of a Swiss citizen if a formal marriage exists. Whether the marriage is a sham belongs to the merits, not admissibility.