Facts
[B.], a Romanian national, married A., a Swiss national, in 1992 and obtained a residence permit. In 1995, the Cantonal Office for Population Control and Foreigners Police of the Canton of Vaud refused to renew the residence permits of [B.] and her daughter, considering that the marriage was a sham. The Administrative Court dismissed B.'s appeal, finding that the marriage only existed formally. [B.] then filed an administrative law appeal with the Federal Tribunal.Considerations
The Federal Tribunal upholds the appeal and remands the case to the Administrative Court for further investigation and a new decision. It considers that the indications of a sham marriage are not sufficient on their own to conclude an abuse of rights. Although certain elements suggest that the marriage is only maintained for reasons unrelated to marital life, these elements are not sufficiently established to constitute an abuse of rights. The Federal Tribunal notes that the facts of the challenged decision are manifestly incomplete and do not allow the resolution of the…