Key legal question
Whether the residence permit could be denied renewal because the marriage was used in a rights-abusive way
Extracted holding
The appellant’s reliance on the marriage was abusive because the courts could infer that no genuine marital community had ever been intended or lived.
Extracted reasoning
The record contained sufficient indicators of a sham marriage: the appellant would not have obtained a permit without the marriage, there was a large age gap and care dependency, no marital cohabitation had been established, and the spouses made contradictory statements about key aspects of their relationship.