Questione giuridica chiave
Whether the renewed residence permit application could be refused because the marriage was only formal and the spouse abused Art. 7 LDDS rights.
Decisione estratta
The existing record did not establish with sufficient clarity that the marital bond had definitively broken down or that the applicant relied on a merely formal marriage solely to keep her permit.
Motivazione estratta
Separation and pending divorce alone were not enough. The cantonal court relied on an incomplete evidentiary record and should have further clarified the spouses' relationship, contacts, and living arrangements before concluding abuse of rights.