Question juridique clé
Whether the facilitated naturalization had to be annulled under Art. 41 BüG because it was obtained by deception or concealment of material facts.
Solution extraite
Yes. The circumstances created a factual presumption that the marriage was no longer a stable conjugal community at the relevant time, and the appellant failed to rebut it.
Motifs extraits
The short time between naturalization and divorce, the large age difference, the earlier asylum context, and the subsequent marriage to a much younger woman supported the inference that the marital community had broken down before the declaration. Under Art. 41 BüG, mere lack of conditions is insufficient, but intentional concealment or false confirmation of a stable marriage satisfies the requirement of having obtained naturalization by deceit.