Questione giuridica chiave
Whether the appellant retained a claim to renewal of his residence permit based on marriage to a Swiss citizen.
Decisione estratta
The marriage no longer justified a residence permit because reliance on it was abusive: the marriage was only formally maintained and its continuation aimed solely at securing immigration status.
Motivazione estratta
Although a spouse of a Swiss citizen generally has a right under Art. 7(1) ANAG, that protection does not extend to a sham or abusive marriage. The factual findings showed long-term separation, a separation agreement, the wife's new partnership and child, and no realistic prospect of reunion.