Question juridique clé
Whether the residence permit had to be extended after the divorce under Arts. 42 and 50 AuG or Art. 8 ECHR.
Solution extraite
No entitlement existed: the marriage had not lasted five years and the marital household had not lasted three years; no important personal reasons were shown, and Art. 8 ECHR did not change the result.
Motifs extraits
The court held that only the period of cohabitation counts for Art. 50(1)(a) AuG, and the appellant failed to substantiate any qualifying hardship under Art. 50(1)(b) and (2) AuG. The reasoning of the lower court, including on Art. 8 ECHR, was endorsed.