Question juridique clé
Whether the facilitated naturalization had to be annulled under Art. 41 BüG because it was obtained by false statements or concealment of material facts.
Solution extraite
The annulment was upheld because the joint declaration of a stable marital union did not correspond to the facts at the relevant time and the ensuing circumstances supported an inference that the marriage was already no longer intact.
Motifs extraits
Shortly after naturalization the spouses separated; they had long lived partly apart during the week and spent holidays separately; the wife had become pregnant by a third person and given birth before the separation, which made the claimed ignorance and continued intact marriage implausible. The appellant did not credibly explain why the marriage would have collapsed only because of an alleged later adoption plan.