Question juridique clé
Whether the former ANAG or the new AuG governs the expulsion measure
Solution extraite
The old law applies because the expulsion proceedings were initiated before 1 January 2008, even though the decision was served later.
Motifs extraits
Under the transitional rule of Art. 126 Abs. 1 AuG and the court's practice, the substantive former law governs proceedings opened before the new law entered into force.