Kernrechtsfrage
Whether the residence permit had to be renewed under former ANAG despite the marital relationship
Extrahierter Entscheid
No. The applicant could not rely on the marriage because the invocation of the marriage was abusive; the relationship existed only formally without a realistic prospect of resuming a genuine marital community.
Extrahierte Begründung
The court upheld the factual findings that the spouses had long lived apart, their explanations were not credible, and the surrounding circumstances indicated that the marriage had been used primarily to secure residence rights. New factual allegations about allegedly resumed cohabitation after the challenged decision could not be considered.