Questão jurídica principal
Whether the public law appeal against refusal to renew the residence permit was admissible
Decisão extraída
The appeal was admissible insofar as the appellant could invoke Art. 42 LStr and Art. 8 ECHR, but new evidence filed with the reply was inadmissible.
Fundamentação extraída
A foreign spouse of a Swiss citizen may invoke a legal entitlement under Art. 42 LStr; the existence of the right need not be definitively examined at the admissibility stage. New evidence is excluded under Art. 99 LTF.