Facts
A. (born 1962) and B. (born 1960), both Turkish nationals, married in 1983 and emigrated to Switzerland in 1987 and 1989 respectively, where they applied for asylum. In 1991, they returned to Turkey. In 1995, A. married the Swiss citizen C. (born 1966) in Switzerland and received a residence permit through family reunification. In 1998, A. applied for facilitated naturalization, which was granted in 1999. The two older children, D. and E., were included in the naturalization.
In 1999, A. and C. separated, and in 2000 they divorced. In 2001, A. remarried her first husband, B. In 2003, the Federal Office for Migration initiated a procedure to declare the facilitated naturalization of A. null and void, which ended in 2004 with the declaration of nullity. A., D., and E. appealed against this decision to the Federal Administrative Court, which dismissed the appeal in 2008.
Considerations
According to the Federal Supreme Court, the declaration of nullity of a facilitated naturalization under Art. 41 para. 1 of the Swiss Citizenship Act (BüG) requires that the naturalization was obtained through false statements or concealment of material facts. The burden of proof lies with the administration.
In the present case, the Federal Supreme Court concludes based on the chronology of events that A. knowingly made false statements about the…