Question juridique clé
Whether the foreign spouse of a Swiss citizen had a right to a residence permit despite criminal convictions.
Solution extraite
The permit could be refused because the statutory entitlement was extinguished by expulsion grounds and the proportionality balancing favored refusal.
Motifs extraits
Under former ANAG rules, entitlement for a Swiss citizen's spouse ends if an expulsion ground exists. Repeated drug offenses, a two-year prison sentence, the appellant's ties to his home country, and the spouse's awareness of his criminal history made refusal proportionate under domestic law and Article 8 ECHR.