Questão jurídica principal
Whether the appellant had a right to a residence or settlement permit as the spouse of a Swiss citizen.
Decisão extraída
No. The marriage was found to be a sham marriage and reliance on it was abusive, so no entitlement arose under Art. 7 ANAG.
Fundamentação extraída
The court upheld the lower court's factual findings: marriage shortly after entry without permit, promised but unpaid money, immediate separation, and continued cohabitation of the spouse with another partner supported the inference of a sham marriage and abuse of rights.