Facts
The appellant, a citizen of Sri Lanka, married a Swiss citizen in 2005 and was granted a residence permit to stay with his wife in Switzerland. After the spouses separated in August 2008, the cantonal immigration authority revoked the appellant's residence permit. The appellant applied to the Federal Court to have the revocation set aside and to be allowed to stay in Switzerland.
The lower courts had confirmed the revocation of the residence permit, as the condition of cohabitation under Art. 42 para. 1 AuG was no longer met. The appellant argued that the separation was not yet final and that he had important reasons for an exception to the requirement of cohabitation under Art. 49 AuG.
Considerations
The Federal Court examined whether the revocation of the residence permit was lawful. It found that the condition of cohabitation under Art. 42 para. 1 AuG is an essential part of the right of residence and that the revocation of the permit under Art. 62 lit. d AuG was justified, as the condition of cohabitation was no longer met.
The court also rejected the appellant's argument that the separation was not yet final and that he had important reasons for an exception to the requirement of cohabitation under Art. 49 AuG. It found that an exception to the requirement of cohabitation is only considered in special circumstances in the event of separation of spouses and that the reasons invoked by the appellant were not sufficient to justify such an exception.
The court also examined whether the appellant was entitled to an extension of his residence permit under Art. 50 AuG. It found that the…