Questão jurídica principal
Whether facilitated naturalization could be annulled under Art. 41(1) BüG for concealment of the marital separation.
Decisão extraída
Yes. By failing to inform the authority of the separation and no longer existing genuine marital community, the applicant obtained naturalization by concealment of material facts.
Fundamentação extraída
A person seeking facilitated naturalization must proactively disclose a post-application change in circumstances that destroys the statutory requirements, especially where the applicant knows the authority relies on the earlier declarations and the facts are not readily accessible to it. The appellant left the marital home before naturalization, knew the legal relevance of the intact marriage, and nevertheless remained silent; this is treated as obtaining citizenship by deceit within Art. 41(1) BüG.