Key legal question
Whether the annulment of the facilitated naturalization was lawful because the marriage was already not stable at the time of naturalization and the appellant had deceived the authorities.
Extracted holding
The Federal Court held that the factual presumption of a broken marriage at the time of naturalization was not rebutted; the naturalization was therefore obtained by deception and the annulment stood.
Extracted reasoning
The chronology of the relationship, the short time between naturalization and separation, the age difference, the prior police information, and the later remarriage supported the presumption that the marriage was no longer stable when the joint declaration was signed. The alleged psychiatric illness was not convincing and had not been raised in time before the administrative authorities.