Questione giuridica chiave
Whether the public law appeal against the expulsion order was admissible and the facts could be reconsidered.
Decisione estratta
The appeal was admissible, but new factual allegations were inadmissible and the Federal Court was bound by the lower court's findings.
Motivazione estratta
The expulsion was based on ANAG and therefore fell outside the exclusion ground of Art. 83 lit. c no. 4 BGG; however, under Art. 99 BGG new allegations could not be considered.