Questione giuridica chiave
Whether the appellant had a right to renewal of his residence permit under Art. 7 ANAG despite the separation.
Decisione estratta
No. The marriage was relied on in a way that had become abusive because the marital will had already ceased before the five-year period elapsed.
Motivazione estratta
Art. 7 ANAG protects the foreign spouse against dependence on the Swiss spouse, but not where the marriage is only formally maintained without realistic prospect of reunion and is used to obtain residence rights.