Facts
X. (born 1969) entered Switzerland on September 13, 1988 and filed an asylum application here. During the appeal proceedings before the Swiss Asylum Appeals Commission, he married the Swiss citizen Y. in Zurich on August 25, 1994. On October 2, 1997, X. acquired Swiss citizenship through facilitated naturalization under Art. 27 of the Federal Act on the Acquisition and Loss of Swiss Citizenship (BüG).
On December 9, 1997, the Swiss spouse informed the Federal Office for Foreigners (BFA) by telephone that her husband had been cheating on her for a long time and had forced her to sign the declaration regarding the marital community. On July 31, 1998, X. moved to the Netherlands.
On March 12, 2001, the BFA requested X. to comment on the divorce from the Swiss spouse, which had taken place on February 26, 1998. Subsequently, on January 23, 2002, the BFA commissioned the cantonal Office for Municipalities and Occupational Pensions to question the ex-spouse according to a questionnaire. By decision of September 19, 2002, the BFA declared the facilitated naturalization of X. of October 2, 1997 null and void.
On October 23, 2002, X. filed an appeal against this decision with the Federal Department of Justice and Police (EJPD), which was rejected on July 18, 2003. With a submission dated September 15, 2003, X. filed an administrative court appeal.
Considerations
The Federal Court assumes that a marital community within the meaning of Art. 27 BüG requires not only the formal existence of a marriage, but also the presence of an actual community of life. In examining whether the requirements for facilitated naturalization are met, the administrative authorities must scrutinize the marriage of the naturalized person and clarify the common actual marital will at the relevant time.
The lower court states that according to Art. 12 lit. c of the Administrative Procedure Act (VwVG), information from third parties can be considered as evidence.…