Question juridique clé
Whether the refusal to renew the residence permit was lawful despite the appellant’s marriage to a Swiss citizen.
Solution extraite
The appeal right under Art. 7 ANAG did not help the appellant because the marriage was no longer directed toward a real shared life and the reliance on it had become abusive.
Motifs extraits
The court found that the spouses had been separated for a long time, divorce proceedings had been initiated, and the appellant himself was pursuing divorce in view of another relationship; therefore there were no realistic prospects of reunification and the marriage was only invoked to secure continued residence.