Questão jurídica principal
Whether the complaint against refusal to renew the residence permit was admissible despite the exclusion rule for permits without an enforceable right.
Decisão extraída
The complaint was admissible because the applicant could invoke a statutory right under former ANAG Art. 17(2) and, in the alternative, protection of family life under the ECHR and Constitution.
Fundamentação extraída
A spouse of a settled foreigner living together normally has an entitlement to renewal; that entitlement also brings the case within the scope of judicial review.