Kernrechtsfrage
Whether the facilitated naturalization was obtained by deception and could be annulled under Art. 41 BüG.
Extrahierter Entscheid
Yes. The totality of circumstances showed that the appellant did not live in a stable marital community when he signed the declaration and was naturalized, and he had concealed the true state of the marriage.
Extrahierte Begründung
A later rapid marital breakdown, the extramarital relationship abroad, the ensuing child, divorce, remarriage, and the sequence of events before and after naturalization supported the inference that the marriage was used to obtain citizenship. The appellant failed to dispel the factual presumption.