Questione giuridica chiave
Whether the Brazilian spouse of a Swiss citizen had a right to a residence permit or its renewal under Art. 7 ANAG
Decisione estratta
A spouse has such a right only if the marriage is not a sham and reliance on the marriage is not abusive; here the claim was abusive.
Motivazione estratta
The lower court’s findings showed no genuine marital cohabitation, only formal continuation of the marriage, and the appellant relied on it to secure residence while maintaining other relationships.