Facts
The appellant [X.] (born 1986) entered Switzerland in May 2002 and received a residence permit. After he was sentenced by the District Court of Horgen on June 8, 2005 to a conditional prison sentence of 18 months, the Foreigners' Police of the Canton of Glarus refused to extend his residence permit on December 14, 2005. [X.] filed a legal remedy against this decision, which was dismissed by the Government Council of the Canton of Glarus on August 15, 2006. Subsequently, the Administrative Court of the Canton of Glarus, in a judgment dated February 6, 2007, did not enter into the appeal of [X.] , as he had no entitlement to a residence permit under federal law.Considerations
The Federal Court states that according to Art. 83 lit. c no. 2 FSCA, the appeal in public law matters against decisions concerning permits to which neither federal law nor international law grants an entitlement is inadmissible. Since the adult and unmarried appellant has no legal entitlement to a permit for residence, the appeal in public law matters is inadmissible on the merits. This also applies to the challenge of the non-entry decision of the Administrative Court.
However, the appellant can challenge the violation of the guarantee of access to the courts (Art. 29a Cst.) with a subsidiary…