Questão jurídica principal
Whether the appellant had a right to renewal of the residence permit under Art. 7 ANAG despite the breakdown of the marriage.
Decisão extraída
No. The court held that the marriage was either a sham marriage or, at least, had become a purely formal union used to obtain residence benefits, so Art. 7 ANAG did not confer a right to renewal.
Fundamentação extraída
The spouses married after a very short acquaintance, never established a genuine common life, lived apart for a long period, and the wife repeatedly stated that she did not want to continue the marriage and intended to divorce. These circumstances were sufficient to show an abusive reliance on the marriage.