Kernrechtsfrage
Whether the applicant had a right to a residence permit based on Art. 7 ANAG despite alleged abuse of rights in the marriage
Extrahierter Entscheid
No right existed because the marriage was found to be only formal and was relied on solely to obtain a residence permit.
Extrahierte Begründung
After a final Basel decision establishing that the spouses no longer lived together and had no realistic prospect of resuming cohabitation, Zurich authorities could treat the new application as abusive. The later joint lease did not prove renewed cohabitation, and the applicant failed to credibly show a genuine resumption of married life.