Facts
The case concerns a request for facilitated naturalization filed by X on July 24, 1998, after his marriage to a Swiss citizen in 1994. During the procedure, X and his wife signed a declaration on August 16, 1999, confirming that they were living together in a stable marital community and without intention of separation or divorce. However, X left the marital home on October 10, 1999, and was divorced on June 28, 2000. The facilitated naturalization was granted on January 19, 2000. On September 2, 2004, the Federal Office for Migration cancelled the naturalization for non-compliance with the conditions.
The appellant filed a complaint with the Federal Department of Justice and Police, which rejected the complaint on September 6, 2005. The appellant then appealed to the Federal Court, requesting the cancellation of the Department's decision and the discontinuation of the procedure for cancellation of facilitated naturalization.
Considerations
The Federal Court examined the conditions for facilitated naturalization and the obligation to collaborate of the party. According to Article 41 paragraph 1 of the Nationality Act, naturalization may be cancelled if it was obtained by false declarations or by concealing important facts. The Federal Court considered that the appellant had violated the obligation to collaborate by not spontaneously informing the authority of the end of his marital community, which is an essential condition for facilitated naturalization.
The Federal Court also examined the provisions of federal administrative law, in particular Articles 12 and 13 of the…