Key legal question
Whether the administrative appeal against the expulsion order was admissible and whether the Federal Court could review proportionality.
Extracted holding
The appeal was admissible, and proportionality was freely reviewable as a question of law, though the Court would not replace the cantonal authority’s discretion.
Extracted reasoning
An expulsion based on Art. 10 ANAG may be reviewed for legality and proportionality under Art. 11 ANAG and Art. 16 ANAV; factual findings of the cantonal court were binding absent manifest error.