Kernrechtsfrage
Whether the foreign Austrian conviction could count as a longer-term prison sentence under Art. 63(1)(a) and Art. 62(b) AuG.
Extrahierter Entscheid
Yes. The 22-month sentence for robbery could be taken into account and qualified as a longer-term prison sentence.
Extrahierte Begründung
Foreign convictions may be considered if the offence is also a crime or misdemeanor under Swiss law and the foreign proceedings respected rule-of-law guarantees. The 22-month sentence was well above the 12-month threshold and was not so disproportionate by Swiss standards as to preclude reliance on it.