Questão jurídica principal
Whether the husband had an enforceable right to a residence permit through marriage to a Swiss national.
Decisão extraída
He could invoke a statutory entitlement in principle under Art. 42(1) AuG, so the constitutional administrative appeal was admissible.
Fundamentação extraída
A claimed entitlement under the Foreign Nationals Act must be examined on the merits; admissibility does not depend on proving the entitlement in advance.