Kernrechtsfrage
Whether the refusal to renew the residence permit violated Art. 7 LSEE despite the spouses' separation and lack of real marital life.
Extrahierter Entscheid
No. The husband relied on a marriage that had lost its substance and was invoking it abusively to obtain a residence permit.
Extrahierte Begründung
The spouses had separated, never resumed cohabitation, had no contacts, and the wife had stated she would not resume the marriage. No concrete, credible prospect of reconciliation existed, so the marital union was merely formal.