The Federal Court, the country’s highest judicial authority, ruled that a foreign resident was unjustly denied Swiss citizenship because of a road accident.
The Turkish man in question has fulfilled all the requirements for naturalisation: he has been living in Switzerland for more than 30 years, owns a restaurant, speaks the language (German), and is well integrated within his local community in canton Schwyz.
But, as reported by Swiss media, there is just one glitch in his biography: in 2020, he dozed off at the wheel of his car and crashed into a lamppost. No one was injured, and there was no mention of alcohol being the cause of the accident.
The Schwyz public prosecutor’s office sentenced the now 60-year-old to a suspended sentence and a fine.
So the man now has a criminal record of sorts, which sheds a different light on his otherwise spotless past in Switzerland.
Because of that, the State Secretariat for Migration (SEM), decided that his naturalisation procedure, which was already underway at the time of the accident, had to be put on hold for a two-year probationary period, as well as an additional waiting period of three years — so five years in total.
‘Inadmissable rejection’
After appealing with lower courts, the man’s case ended up with the federal judges, whose rulings are binding.
Their verdict: rejection of the man’s naturalisation attempt was inadmissible.
Though they agreed that naturalisation candidates must comply with Swiss law, the victimless car accident should not be a hurdle to citizenship for an otherwise qualified person.
Elias Studer, the man’s attorney, said that the Federal Court’s ruling is of “fundamental importance” because the SEM should not be allowed to make “formalistic decisions based on rigid rules.”
He added that the ruling “represents a major step forward. Those who live here and are truly integrated will be less likely to be arbitrarily excluded” from citizenship.
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Another example
While serious offences can indeed prevent a foreign national from obtaining Swiss citizenship, this is not the first case when authorities allowed naturalisation to a law-breaking candidate.
In 2022, for instance, an 18-year-old’s bid for Swiss citizenship was turned down by the Aargau parliament because he was caught shoplifting the previous year.
However, the applicant appealed the decision to Aargau’s cantonal Court.
The court ruled that the parliament’s decision was “arbitrary” and “disproportionate” due to the shoplifting happening when the man was still a minor — and allowed the naturalisation to take place.
READ ALSO: Why the case of a teenager getting Swiss citizenship has sparked controversy
