Question juridique clé
Whether the appellant was entitled to renewal of the residence permit under Art. 7 ANAG despite separation from her Swiss पति and an allegedly abusive reliance on the marriage.
Solution extraite
The marriage was definitively broken down and the appellant relied on it only to remain in Switzerland; the invocation of the marriage was abusive, so no entitlement to renewal existed.
Motifs extraits
Art. 7 ANAG protects a genuine marital relationship. Where spouses live separately and there is no realistic prospect of reunion, continued reliance on the marriage solely to obtain a residence permit is rechtsmissbräuchlich. The situation of third persons, including a new partner's divorce difficulties, is irrelevant.