Questão jurídica principal
Whether the public-law appeal against refusal to renew the residence permit was admissible.
Decisão extraída
The public-law appeal was admissible insofar as the appellant invoked a potentially enforceable claim under the Foreign Nationals Act and Article 8 ECHR; the subsidiary constitutional complaint was inadmissible.
Fundamentação extraída
A plausible claim under Arts. 42, 49 or 50 AuG, and Art. 8 ECHR, excludes the Art. 83 lit. c Ziff. 2 BGG bar. By contrast, no separate constitutional complaints were raised beyond the scope of the ordinary appeal.