Facts
X. entered Switzerland on July 3, 1989 and applied for asylum. After the asylum procedure was legally concluded, he was ordered to leave Switzerland by November 30, 1992. Instead, in November 1992, he announced his intention to marry the Swiss citizen Y., who was 26 years older. The marriage took place on January 22, 1993. On September 2, 1998, X. obtained Swiss citizenship through facilitated naturalization under Art. 27 of the Swiss Citizenship Act (BüG).
On May 4, 1999, X. was divorced from his Swiss wife and married the Turkish national Z. on July 6, 1999. The Federal Office for Immigration, Integration and Emigration (IMES) initiated proceedings on August 27, 2001 to declare the facilitated naturalization of X. from September 2, 1998 null and void. By decision of August 19, 2003, IMES declared the facilitated naturalization null and void. The Federal Department of Justice and Police (EJPD) dismissed X.'s appeal on April 30, 2004.
Considerations
The Federal Supreme Court states that according to Art. 27 para. 1 BüG, a foreigner can apply for facilitated naturalization after marriage to a Swiss citizen if he has lived in Switzerland for a total of five years, has been residing here for one year, and has been living in marital community with the Swiss citizen for three years. Such a marital community requires the existence of an actual community of life that provides a guarantee for the stability of the marriage.
Under…