The landlord from Goldau is fighting for naturalization in front of the federal court
He is well integrated, but the authorities stopped his naturalization: the highest court is surprising judgment
A Turkish host from Goldau fights for the Swiss passport in front of the Federal Supreme Court. The judges argue in front of the audience and disclose their differences.
But in the middle of the naturalization process, he drove his car tired into a post. The self -accident did not call for any injuries, but the public prosecutor condemned him a conditional fine of 40 daily rates.
The State Secretariat for Migration therefore stopped its naturalization. It adheres strictly to his manual: In the case of such a crime, a three -year trial period also has a three -year waiting period.
So the police met the accident car.
Federal judge Lorenz Kneubühler (SP) considers the schematic procedure to be contrary to federal law. This crime is not significant. For this reason, the authorities should not only stop naturalization.
The judge emphasizes that the host in Goldau not only creates jobs, but also space for a social gathering. He was popular. The judge quotes from the files that an SP and an SVP politician both recommended naturalization.
Who is against?
Judge Merz.
Federal judge Laurent Merz (Greens) asks: «What is a considerable delinquency? Where do we set the limits? » Orhan T. does not have to leave Switzerland, nor would he be denied naturalization. He just had to wait a period of time.
The judge finds it sensible that the migration authorities work with limit values and comply with them consistently. Otherwise someone always comes with the argument that his case is close to the limit and must therefore be assessed differently.
Then, as in the film « The Swiss Makers », would ask themselves many questions: « Is a person better integrated if she plays hornussen or football? If she likes yodel or salsa? When she runs a restaurant or emptied the crash? » Merz advocates clear rules so that everyone is treated equally.
The Swiss makers.
According to Merz, Orhan T. is also “not excellent integrated” and is therefore not predestined for an exception anyway. Because he promotes the integration of his wife too little. She doesn’t want to be naturalized because her German is too bad.
The judge quotes from the naturalization survey. In it, Orhan T. stated that he and his wife had little time to take part in cultural life. She also only works as a service employee in his restaurant, i.e. not equal.
What is the judgment?
The Federal Supreme Court is called the complaint with a 3-2 majority and rejects the case to the lower court. For this purpose, the federal judges Kneubühler (SP), François Chaix (FDP) and Stephan Haag (GLP) vote. In contrast, only Merz (Greens) and Thomas Müller (SVP) are right.
Thus, the State Secretariat for Migration has to check the case. Because of the crime alone, the authority may no longer sist naturalization. However, the waiting period will take place anyway in August.
What does that mean now?
Federal judge Müller warned in the consultation that the federal court opened the “Pandora rifle”. Then all applicants could request tailor -made solutions for themselves.
However, the committee agreed that this message does not want to send it out. Instead, the State Secretariat for Migration asks to check the waiting periods for criminals. The rules are too rigid to the highest court.
