22
RAMADAN v. MALTA JUDGMENT
above) does not apply to the applicant, as his application had already been
processed and determined. Thus, his citizenship was obtained prior to the
amendments to the Act enacted in 2000. It follows that the deprivation of
citizenship was in accordance with the law.
87. Moreover, the Court observes that, in accordance with sub-article (4)
of Article 14 of the Act – which was applicable in 2006 when the applicant
was informed that an order was to be made to deprive him of his Maltese
citizenship – prior to the Minister’s decision, the applicant was informed of
the possibility of requesting an inquiry, and in fact proceeded to take such
action. Thus, the applicant had the opportunity – of which he availed
himself – to defend himself in a procedure which consisted of a number of
hearings where he was assisted by a lawyer and where oral and written
submissions were made, and evidence, including witness testimony, was
produced before the relevant board. He subsequently had the opportunity to
challenge that decision before the courts with constitutional jurisdiction
affording the relevant guarantees. It follows that the decision depriving the
applicant of his citizenship was accompanied by the necessary procedural
safeguards.
88. Although it could be questioned whether in the instant case the
authorities acted diligently and swiftly (see, mutatis mutandis, Nunez
v. Norway, no. 55597/09, § 82, 28 June 2011, and Borisov v. Lithuania,
no. 9958/04, § 112, 14 June 2011), the Court notes that any delay occurring
did not disadvantage the applicant, who continued to benefit from the
situation (compare Kaftailova v. Latvia (striking out) [GC], no. 59643/00,
§ 53, 7 December 2007).
89. The Court therefore concludes that the decision of the Maltese
authorities to deprive the applicant of his Maltese citizenship was not
arbitrary. Furthermore, the applicant was aware that when his marriage was
annulled his citizenship could be revoked at any time by the Minister, and
thus that he was in a precarious situation. Moreover, the Court cannot ignore
the fact that the situation complained of came about as a result of the
applicant’s fraudulent behaviour (see paragraphs 14 and 24 above) and that
any consequences complained of are to a large extent a result of his own
choices and actions (compare Shevanova v. Latvia (striking out) [GC],
no. 58822/00, § 49, 7 December 2007).
90. As to the consequences of the revocation of the applicant’s Maltese
citizenship, the Court notes that, as held above (see paragraph 56), the
applicant is not threatened with expulsion from Malta. Importantly,
although the applicant’s Russian wife has lost her exempt person status, the
applicant’s sons VR and VL have not lost their Maltese citizenship, nor
have there been any attempts to that effect by the authorities in the nine
years since the applicant was deprived of his Maltese citizenship.
Furthermore, as admitted by the applicant himself, to date he has been able
to pursue his business and continues to reside in Malta.