Questão jurídica principal
Whether the appellant had a right to renewal of the residence permit based on marriage to a Swiss citizen.
Decisão extraída
No right existed because the marriage was being maintained only formally and reliance on it was abusive.
Fundamentação extraída
Art. 7 ANAG protects genuine family life, but not a merely formal marriage without realistic prospects of resuming cohabitation. The facts showed a long factual separation, no resumption of the relationship, and clear indications that the marital will had ceased.