Kernrechtsfrage
Whether the appellant had a right to a residence permit based on marriage to a Swiss citizen despite indications of a sham marriage.
Extrahierter Entscheid
No. The Federal Supreme Court held that the cantonal court could conclude, without violating federal law, that the marriage was entered into to circumvent immigration rules.
Extrahierte Begründung
The Court deferred to the cantonal findings under Art. 105(2) OG. The record contained strong indications of a marriage of convenience: the wife said the marriage had been arranged and paid for by a third person, that she barely knew the appellant and had never lived with him; the appellant could not describe the alleged marital home, had never been seen there, and had no personal belongings there. His bare assertion of temporary separation and future cohabitation did not undermine these findings.