Kernrechtsfrage
Whether the expulsion of a refugee with a settlement permit was proportionate under former ANAG and asylum law.
Extrahierter Entscheid
The expulsion was disproportionate because the full balance of interests had to include the practicality and reasonableness of return, the long residence, family and social integration, and the absence of a concrete recidivism risk.
Extrahierte Begründung
The lower court unlawfully excluded elements relating to the likely impossibility or unreasonableness of return. Given the appellant's long lawful stay, integration, lack of remaining ties to Cambodia, and only abstract danger, the public interest did not outweigh his private interest.