Turkish dual citizenship: MA35 revokes own declaratory decision
The Austrian-born son of turkish parents received a letter - like many other Austrians of turkish origin - from the Viennese Provincial Government (Amt der Wiener Landesregierung, MA35) in the summer. He was informed that his data appeared on a list submitted by the "Freiheitlicher Parlamentsklub", a supposed voter record for the turkish parliamentary election, and that he is therefore suspected to have regained turkish citizenship after being naturalised in Austria. The man was asked to provide appropriate evidence that he had not regained turkish citizenship (alleged dual citizenship).
After repeated appearances at the Consulate General of the Turkish Republic in Vienna, the consulate issued him a confirmation that he had renounced Turkish citizenship on the occasion of his naturalisation in Austria and that he was therefore no longer considered a turkish citizen in Turkey. He submitted this document to the MA35. He did not receive any further documents from the consulate.
Subsequently, the MA35 issued a declaratory decision in which it stated, on the basis of the available list, that the complainant had lost Austrian citizenship at the latest on the day on which the list became known to the Austrian authorities. Pursuant to § 27 (1) StbG 1985 (Citizenship Act), anyone who acquires a foreign nationality on the basis of his application, declaration or express consent loses his austrian citizenship. Since the name of the person concerned appears on the list submitted, which the authority considers to be a voter record of Turkey, it is reasonable to conclude that he has had his Turkish nationality re-granted, with the result that Austrian citizenship has been lost.
The party concerned filed an appeal against this decision on the Administrative Court of Vienna and was represented by Mag. Balazs Esztegar LL.M., lawyer. After the complaint had been filed, the Constitutional Court rightly decided in a similar procedure that the said list itself was not sufficient for the deprivation of citizenship.The list was not suitable and, in any case not sufficient evidence.
On the basis of the case-law of the Constitutional Court, the MA35 made use of its possibility of a preliminary ruling on the appeal in the pending appeal proceedings and granted the appeal: The decision on the determination of the loss of citizenship was revoked.
The complainant is therefore still an Austrian citizen.