Questão jurídica principal
Whether the recourse in public law is admissible despite the foreigner's designation of the filing.
Decisão extraída
The complaint was treated as a recourse in public law because, as spouse of a Swiss citizen, the appellant in principle had a statutory entitlement to a residence permit.
Fundamentação extraída
Art. 7 al. 1 LSEE grants a right in principle during the marriage, so the bar of Art. 83 let. c ch. 2 LTF did not apply.