Facts
The appellant, a Macedonian citizen, married a Swiss woman in 1997 and applied for an entry permit for Switzerland. After several years, the marriage was divorced. The appellant applied for a settlement permit and, alternatively, an extension of the residence permit. The cantonal authorities denied a legal claim to the requested foreign police permits.
The appellant filed an appeal in public law matters and a subsidiary constitutional appeal with the Federal Court. He claimed that he had a right to be granted a settlement permit and a residence permit, as he had been living in Switzerland for several years and had a fixed employment.
The Federal Court examined the admissibility of the appeal in public law matters and found that the appellant had no legal claim to the requested permits, as the marriage to the Swiss woman had been divorced and the appellant could not invoke a special provision of federal law or an international treaty.
Considerations
The Federal Court stated that the appeal in public law matters was excluded against decisions on foreign law permits for which there was no legal claim under federal or international law. The appellant could not invoke Art. 7 para. 1 RSFNA, as the marriage to the Swiss woman had been divorced and he therefore no longer had a claim to a residence permit.
The Federal Court also examined whether the appellant had a right to be granted a settlement permit under Art. 7 para. 1 second sentence RSFNA. It found that the appellant had not acquired a right to a settlement permit before the divorce, as the marriage had already failed for a long time and the appellant could not invoke an orderly marital community.
The Federal Court also rejected the appellant's complaint that the cantonal authorities had…