Questão jurídica principal
Whether the public-law appeal was admissible despite the general exclusion rule for immigration permits
Decisão extraída
The appeal was admissible because the applicant could rely in principle on Art. 17(2) ANAG and on family life under Art. 8 ECHR / Art. 13 BV.
Fundamentação extraída
A spouse of a settled foreign resident living in a genuine family relationship has a statutory and convention-based claim, so Art. 83(c)(2) BGG did not bar review.