Questione giuridica chiave
Whether the settlement permit could be revoked for false declarations or concealment of essential facts during the authorization procedure.
Decisione estratta
Yes. The authorities could revoke the permit because the retrospective assessment showed sufficient indicia that the marriage was sham or at least already devoid of substance when the permit was granted, and the applicant knowingly withheld that situation.
Motivazione estratta
A revocation under Art. 63(1)(a) LEtr in conjunction with Art. 62(a) LEtr requires intentional concealment or false statements about decisive facts. Earlier known facts alone are insufficient, but later events may serve as strong retrospective evidence. Here, the sequence of events, the prior immigration history, the rushed remarriage, the age and health disparity, repeated unreported separations, and the applicant's failure to substantiate his position established intentional deception.