Questione giuridica chiave
Whether the complaint was admissible despite the separation and the new-law transition
Decisione estratta
The complaint was admissible; the new Foreign Nationals Act applied because the renewal request arose after its entry into force.
Motivazione estratta
The Court held that Art. 126 Abs. 1 AuG governs temporal application and the fact that the marriage was concluded under earlier law did not matter.