Questione giuridica chiave
Whether the husband had a right to renewal of the residence permit despite the collapsed marriage.
Decisione estratta
No. Relying on a merely formal marriage was abusive because the marital relationship had irretrievably broken down and no real prospect of reunification remained.
Motivazione estratta
Under Art. 7 ANAG, the spouse of a Swiss citizen generally has a right to a permit, but not where the marriage is sham or where invoking a formally existing but definitively failed marriage is abusive. The findings below, including the wife's repeated statements and the appellant's circumstances, supported abuse of rights.