Immigration Law: Naturalization acquired under a false identity is void.

Administrative Court Stuttgart, 12.11.2012, Case No.: 11 K 3014/12

As a foreign national, you have the right to naturalization (entitlement to naturalization) if the following requirements are met:

• • • At the time of naturalization, you possess a permanent right of residence or a residence permit.
    • You have been legally residing in Germany for at least 5 years.
    • You can support yourself and your dependents without relying on social assistance or unemployment benefits.
    • You have sufficient knowledge of the German language.
    • You have knowledge of the legal and social order and living conditions in Germany.
    • You have not been convicted of a crime (exceptions apply for minor offenses).
    • You pledge allegiance to the liberal democratic order of the Basic Law of the Federal Republic of Germany.

In certain situations, there is also the possibility of discretionary naturalization if the above-mentioned requirements are not fully met.

In the case mentioned above, the Administrative Court of Stuttgart had to decide whether the naturalization of a Pakistani national was void because he had acquired German citizenship by using a false identity.

Facts of the Case:

The naturalization applicant had entered Germany under a false identity.

The plaintiff entered Germany in 1995 under the identity of another, real person with Afghan nationality and sought asylum.

In the subsequent asylum procedure, a deportation ban to Afghanistan was established, and the plaintiff was granted a residence permit.

The plaintiff then applied for naturalization under the false identity.

In July 2004, the plaintiff applied for and was granted naturalization under his false identity.

In October 2010, the plaintiff requested the City of Stuttgart, the defendant, to correct his personal details.

In this context, he admitted that he had been living in Germany under false Afghan personal details throughout his stay.

However, he argued that since the deception had occurred more than five years ago, it could no longer be held against him.

The defendant used this as a reason to declare the plaintiff’s naturalization void by decision of 14.05.2012.

After an unsuccessful appeal, the plaintiff filed a lawsuit with the Administrative Court of Stuttgart in September 2012.

Ruling of the Administrative Court of Stuttgart

The Administrative Court of Stuttgart dismissed the lawsuit, ruling that the naturalization was indeed void.

The court found the naturalization to be illegal.

According to the court, an administrative act—such as naturalization—is void if it suffers from a particularly serious error, and this is evident when considering all relevant circumstances.

This was the case here.

A prerequisite for naturalization is that the applicant’s identity is established and confirmed.

Only when there is certainty that the naturalization applicant is who they claim to be can the necessary investigations be conducted with sufficient certainty to determine whether the naturalization requirements are met and no exclusionary reasons exist (e.g., what foreign nationality does the applicant hold, have they been convicted of a crime in Germany or abroad, are there indications of persecution or support of unconstitutional activities, is there a reason for expulsion?).

The plaintiff violated this requirement, as the necessary checks were either omitted or objectively impossible due to his false identity.

This defect was also particularly serious and obvious. The idea that a foreigner could obtain effective naturalization by assuming a true identity that belongs to another existing person, but not to themselves, seemed intolerable to the court.

This would allow a foreigner to circumvent the checks primarily required in the public interest and thus achieve naturalization under conditions they do not personally meet.

As far as an absolute 5-year exclusion period applies to the revocation of naturalization under § 35(3) of the Nationality Act, the plaintiff could not invoke this provision. A „revocation“ presupposes that there is a valid naturalization in the first place. However, this was not the case here, as the plaintiff’s naturalization was void from the outset.

The court granted the right to appeal this decision. The plaintiff filed an appeal on 27.12.2012.

Source: Administrative Court Stuttgart

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