Questione giuridica chiave
Whether the appellant was entitled to a residence or settlement permit based on marriage to a Swiss citizen despite alleged abuse of rights.
Decisione estratta
No entitlement arose, because the marriage was only formally maintained and the appellant relied on it abusively to obtain immigration benefits.
Motivazione estratta
The court upheld the factual findings that the marriage had no real prospect of resumption and that the appellant had effectively maintained a purely formal union to preserve his stay in Switzerland. Such reliance on Art. 7 ANAG does not protect an incontent, exclusively immigration-motivated marriage.