Questão jurídica principal
Whether the residence permit had to be renewed under the FZA despite separation
Decisão extraída
No. The marriage was only formally maintained and there was no prospect of resuming cohabitation, so no right to renewal existed under the FZA.
Fundamentação extraída
The court noted that the applicant herself admitted that the marital life would not resume; therefore the abuse-of-rights exception barred reliance on the FZA.