Questão jurídica principal
Whether the husband should be allowed to remain in Switzerland during the family reunification proceedings
Decisão extraída
No; the chances of obtaining the residence permit were not clearly predominant, given concrete indications of withdrawal grounds and the criminal record.
Fundamentação extraída
Under Art. 17 AuG, procedural stay is granted only when admission requirements are obviously met. Here, serious and recent convictions provided concrete indications against approval, so the foreign spouse had to await the decision abroad.