Questão jurídica principal
Whether the appeal was admissible under Art. 44 LEtr based on the mother's permit
Decisão extraída
No right to a residence permit can be derived from Art. 44 LEtr because the provision is discretionary.
Fundamentação extraída
Art. 44 LEtr is potestative and does not confer an enforceable entitlement; therefore no public-law appeal lies on that basis.