Questione giuridica chiave
Whether A had actually abandoned his stay in Switzerland within the meaning of Art. 9(1)(c) ANAG, justifying refusal to renew the residence permit.
Decisione estratta
No. A’s actual stay remained in Switzerland because, during the relevant period, he stayed there more than in former Yugoslavia; the foreign stays related to an ongoing education.
Motivazione estratta
For foreign-police law, the civil-law or tax-law concept of domicile is irrelevant. What matters is only the factual centre of stay, i.e. where the foreign national predominantly resides. On the factual findings, A spent more time in Switzerland than abroad.