Question juridique clé
Whether the EU/EFTA residence permit remained protected after separation and divorce under the Freizügigkeitsabkommen and Diatta case law.
Solution extraite
No. After the divorce, the appellant could no longer claim a residence right under the Free Movement Agreement; the permit could therefore be revoked.
Motifs extraits
The court held that the appellant's reliance on Diatta was misplaced. Formally lasting three years was not enough where the marital community had already ended. Existing Federal Court case law confirmed that the relevant treaty-based entitlement had ceased.