Key legal question
Whether the appellant retained a right to renewal of his residence permit under Art. 7 ANAG despite separation from his Swiss spouse.
Extracted holding
No; reliance on the marriage was abusive because the relationship had become merely formal and no realistic prospect of renewed marital life existed.
Extracted reasoning
The spouses had lived together only briefly, had been separated since late 2002, and the wife clearly stated that she would not resume the relationship. The appellant offered no concrete indication of a future reconciliation. Art. 7 ANAG does not protect a purely formal marriage used to secure residence.