Questão jurídica principal
Whether the appellant retained a right to renewal of the residence permit under former ANAG Art. 7.
Decisão extraída
No. The courts found the marital union had not been resumed and was only formally maintained, so no enforceable right remained.
Fundamentação extraída
Under the case law on Art. 7 ANAG, the foreign spouse loses the permit right if the marriage is an abuse of rights or merely formal without prospects of reunification. The factual findings of the cantonal court were not shown to be manifestly incorrect.