Kernrechtsfrage
Whether the applicant had a legal entitlement to renewal of the residence permit based on his marriage to a Swiss citizen.
Extrahierter Entscheid
He had a formal entitlement in principle under Art. 7(1) ANAG, but could not rely on it because invoking the marriage was manifestly abusive on the established facts.
Extrahierte Begründung
The Federal Supreme Court was bound by the cantonal court's factual findings under Art. 105(2) OG. Given that the marital relationship had only been lived for about one year, reliance on the still formally existing marriage was clearly abusive under the case law, so no permit entitlement existed.