Key legal question
Whether the refusal to extend the residence permit and grant settlement permission was lawful under Art. 7 ANAG despite the formally existing marriage.
Extracted holding
The appeal was unfounded because the marriage had long ceased to be a वास्तविक life partnership and was maintained only for immigration purposes; Art. 7 ANAG does not protect such abuse.
Extracted reasoning
After about 14 months of cohabitation, the spouses had been separated for years, had no contact since 1997, had no realistic prospect of resuming the union, and the appellant had kept the empty marriage only to preserve residence rights.