Key legal question
Whether the indefinite expulsion was proportionate under immigration law despite family ties in Switzerland.
Extracted holding
The expulsion was proportionate in light of the serious and repeated offending, the prior warning, the long-term criminal sentence, and the weak integration/family ties shown.
Extracted reasoning
The court held that Art. 10 para. 1 lit. a ANAG created an expulsion ground, and Art. 11 para. 3 ANAG required an overall balancing of circumstances. The appellant's culpability was considerable, as reflected in the criminal sentence and repeated offences; the earlier warning had not had the desired effect. His marriage had long been faktically broken, his links to Switzerland were not especially close, and he retained integration prospects in Serbia. The measure was therefore compatible with proportionality and with Art. 8 ECHR.