Questão jurídica principal
Whether the residence permit could be renewed under Art. 42 or Art. 50 AuG after separation and divorce.
Decisão extraída
No. The marital cohabitation in Switzerland did not last three years, so the appellant could not rely on Art. 50(1)(a) AuG, and no important personal reasons required continued stay under Art. 50(1)(b) AuG.
Fundamentação extraída
Only the actual marital community in Switzerland is relevant; the appellant's later integration, absence of criminal convictions, and non-reliance on social assistance were insufficient. The alleged return hardship to Togo was not shown to be exceptionally serious.