Kernrechtsfrage
Whether the appellant was entitled to renewal of the residence permit based on marriage to a Swiss citizen.
Extrahierter Entscheid
No. Because the marriage had definitively broken down and no resumption of marital cohabitation could be expected, reliance on the marriage was abusive.
Extrahierte Begründung
Under settled case law, a formal but defunct marriage without prospects of reconciliation does not support a permit claim under Art. 7(1) ANAG. The lower court could also consider later developments. No protectable family life under Art. 8 ECHR existed without an actual relationship.