Facts
I.M., a national of Azerbaijan, entered Switzerland in April 1994 and worked there with short-term residence permits. On 24 February 1995, she married M.M., a Yugoslav national residing in Switzerland, and subsequently received a residence permit for the canton of Graubünden. The couple has a daughter, K.M., born on 3 January 1997.
As deportation proceedings had been pending against M.M. since 11 January 1996, I.M.'s residence permit was not renewed, and K.M. did not receive a residence permit. On 19/23 February 1998, M.M. was ultimately expelled from Switzerland.
On 30 July 1999, the Foreigners' Police of the canton of Graubünden refused to extend I.M.'s residence permit or to issue one to K.M.; at the same time, they ordered the expulsion of both. The Department of Justice, Police and Health of the canton of Graubünden dismissed the appeal, and an appeal to the Administrative Court of the canton of Graubünden was unsuccessful.
By way of administrative court appeal and constitutional appeal, I.M. and K.M. requested that the judgment of the Administrative Court be overturned and that their right of residence in Switzerland be upheld.
Considerations
The Federal Court did not enter into the appeals. The administrative court appeal is inadmissible pursuant to Art. 100 para. 1 lit. b no. 3 OG, as federal law does not grant any entitlement to the issuance or extension of a residence permit.
I.M. cannot derive any claim to the renewal of her residence permit or the issuance of a settlement permit from Art. 17 para. 2 ANAG, as she no longer lives with her husband and his settlement permit has in any case already…