RAMADAN v. MALTA JUDGMENT
15
56. Moreover, on a more practical level, it appears that the applicant is
currently stateless; thus, as the situation stands to date, it cannot be said that
he is under a threat of expulsion (see for instance, Okonkwo
v. Austria (dec.), no. 35117/97, 22 May 2001) as there is no guarantee that
the Egyptian authorities would accept him, nor is it likely that he could be
removed to another country. In any event, such arrangements would take a
certain amount of time, and in the event of a removal order being issued and
steps being taken in respect of its execution, the applicant would still have a
possibility of pursuing the relevant remedies.
57. Thus, at this stage, the applicant cannot claim to be a “victim” of any
actual or impending violation of his rights under Article 8 in connection
with his potential removal, and the Government’s objection in this respect is
upheld.
58. On the contrary, the Court does not find it appropriate to reach the
same conclusion in so far as the applicant complains about the revocation of
his Maltese citizenship itself, the order for which has already been made and
executed. It follows that in respect of this part of the complaint the
Government’s objection is dismissed.
2. Significant disadvantage
59. In their final observations (concerning comments on the applicant’s
claims for just satisfaction and further observations) of 22 May 2015, the
Government submitted that the applicant’s complaint was inadmissible, in
terms of Article 35 of the Convention, on account of the fact that he had not
suffered a significant disadvantage as a result of the alleged violation of the
Convention. Although the applicant had been deprived of his Maltese
citizenship, he still lived and worked in Malta. The applicant had not
provided any evidence that he could not reacquire his Egyptian citizenship.
60. The Court reiterates that, according to Rule 55 of the Rules of Court,
any plea of inadmissibility must, in so far as its character and the
circumstances permit, be raised by the respondent Contracting Party in its
written or oral observations on the admissibility of the application. The
Court notes that when the Government were invited to comment on the
admissibility and merits of the application, they did not raise any objection
to this effect in their observations of 2 March 2015. The Court finds it
regrettable when new objections are raised by the Government at a stage
where an applicant has in principle no further opportunity to reply. This is
particularly so in the absence of exceptional circumstances which would
explain the delay in raising such matters. Furthermore, while the Court may
well decide to allow the applicant a right of reply, this would lengthen the
procedure to the applicant’s detriment as a result of the Government’s
untimely actions. In any event, the Court considers that this objection is to
be dismissed for the following reasons.