Question juridique clé
Whether the residence permit was obtained by false statements or wilful concealment under Art. 9(4)(a) ANAG.
Solution extraite
Yes. The respondent knowingly concealed his factual separation from his Swiss wife and the existence of his son in order to secure continued residence.
Motifs extraits
Even though the marital status field was formally filled in correctly, the applicant had a duty to disclose facts material to the permit decision. Prolonged judicially authorized separation and the child were essential facts that should have been revealed; the authorities could therefore rely on Art. 9(4)(a) ANAG.