Kernrechtsfrage
Whether the applicant could claim renewal of a residence permit under Art. 7 ANAG despite separation from her spouse.
Extrahierter Entscheid
No; relying on the marriage was abusive because the spouses were separated and resumption of the marital community was no longer realistically expected.
Extrahierte Begründung
A right under Art. 7 ANAG exists only for a genuine marital community or a non-abusive reliance on marriage. Where the spouses live apart and reconciliation is not realistically foreseeable, invoking the marriage is a misuse of rights, regardless of the cause of separation.