Because he had caused a car accident, the canton of Schwyz denied him the pending naturalization. A host from Goldau took action against this and has now been judged: Schwyz has to naturalize him in the summer – a case with far-reaching consequences.
Orhan T.* in his restaurant in Goldau together with his legal representative Elias Studer.
That's what it's all about
Because of a minor accident involving a car, Orhan T. the pending naturalization has been postponed by five years.
He lodged a complaint against this. The administrative court has now agreed with him: the canton must naturalize him this summer.
The case could have far-reaching consequences for Schwyz. The judgment could force the Department of the Interior and the Schwyz municipalities to correct their practice in umpteen cases a year.
Orhan T.* drove home on August 11, 2020 from a hike in the Bernese Oberland. Because of the long working days in the weeks before, the 57-year-old nodded off at the wheel and crashed into a post. The auto-accident was followed by a fine (900 francs) for “driving a motor vehicle in a non-driveable condition” and a conditional fine of 40 daily rates of 90 francs each.
«Why should this one misstep say anything about my integration?»
But that was not the only consequence: the Interior Department of Canton Schwyz postponed his naturalization for five years. Two years of this are for a probationary period and three years for an additional waiting period. Incomprehensible to Orhan T., which is why he lodged a complaint against it. “Why should this one misstep say anything about my integration?” The organization “Naturalization Stories” quoted him in a statement on Tuesday.
Orhan T. is considered to be well integrated in his community of Goldau. He has lived in Switzerland since 1994. He employs several people in his restaurant, and the logo of his inn is emblazoned on the SC Goldau football jerseys. According to his own statements, he is a member of the ski club, countless clubs hold their meetings in his restaurant. He has received positive references from former SVP cantonal councilors as well as from SP cantonal councillors.
Canton Schwyz has to naturalize T. this year
And in fact, the administrative court now agrees with him on the matter. «Naturalization Stories» published the court's verdict. It says: “By weighing up all the relevant circumstances in this case, it is not clear how this one-off […] misstep in a specific individual case, in which all other integration requirements are to be assessed as positive, can have a negative impact on successful integration.” The court ruled that T. must be naturalized in August 2022.
T.'s legal representative Elias Studer is pleased with the verdict: “The administrative court is making it clear that an overall assessment must be made even if there are minor missteps. Killer criteria are therefore no longer permissible – it must always be specifically checked whether a person is integrated or not. »
Precedent with consequences for the canton
The judgment will probably have far-reaching consequences for the canton of Schwyz: According to the “Naturalization Stories” organization, there are in Schwyz several similar cases to that of T. “Thanks to the judgment, the authorities must now fundamentally change their practice,” the organization demands. In such cases, as in the case of T., you must carry out an individual examination in each case. The judgment could force the Department of the Interior and the Schwyz municipalities to correct their practice in umpteen cases a year.
*Name known to the editors
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