Questão jurídica principal
Whether the public-law appeal against refusal to renew the residence permit was admissible and well-founded
Decisão extraída
The appeal was admissible only to the limited extent allowed by the Federal Act, but it was dismissed on the merits because the refusal of renewal was proportionate and justified by serious repeated offending and social assistance dependency.
Fundamentação extraída
The applicant had been repeatedly convicted, including a two-year suspended sentence in Germany for organised human smuggling. The court held that the statutory grounds for non-renewal were met and that the balance of interests favoured public safety over his family interest in remaining in Switzerland.