Questão jurídica principal
Whether the refusal to renew the residence permit was lawful despite the spouse being Swiss and the applicant's claim under ANAG.
Decisão extraída
The refusal was lawful because the statutory right to renewal had lapsed due to grounds for expulsion and the measure was proportionate.
Fundamentação extraída
The court held that Art. 7 ANAG must be read with Art. 10 ANAG and the proportionality criteria of Art. 11(3) ANAG and Art. 16(3) ANAV; the applicant's repeated criminal conduct and debts outweighed his private and family interests, including marriage to a Swiss citizen.