Kernrechtsfrage
Whether the applicant had a right to renewal of the residence permit based on marriage to a Swiss citizen.
Extrahierter Entscheid
He had no enforceable right because reliance on the marriage was abusive: no realistic prospect of resuming marital life existed.
Extrahierte Begründung
Under Art. 7 ANAG, the right exists only for a genuine marriage. The factual findings showed prolonged separation, no visits, no concrete efforts to restore the relationship, and the spouse's constant refusal to resume cohabitation. These indicia justified the conclusion that invoking the marriage served only to secure residence.