Kernrechtsfrage
Whether the public-law appeal against refusal to renew the residence permit was admissible despite the absence of a legal entitlement
Extrahierter Entscheid
No legal entitlement existed because the spouses no longer lived together and the marriage was no longer intact; the public-law appeal was therefore excluded.
Extrahierte Begründung
Under Art. 17(2) ANAG, the right to a residence permit for the spouse of a settled foreigner exists only while the spouses live together. The factual findings showed that the common household had ended in December 2004, and the later divorce confirmed the absence of a living marital relationship.