16
RAMADAN v. MALTA JUDGMENT
61. Inspired by the general principle de minimis non curat praetor, the
new criterion of no significant disadvantage hinges on the idea that a
violation of a right, however real from a purely legal point of view, should
attain a minimum level of severity to warrant consideration by an
international court. The assessment of this minimum level is, in the nature
of things, relative and depends on all the circumstances of the case. The
severity of a violation should be assessed taking account of both the
applicant’s subjective perceptions and what is objectively at stake in a
particular case (see Korolev v. Russia (dec.), no. 25551/05, ECHR 2010).
Thus, the absence of any such disadvantage can be based on criteria such as
the financial impact of the matter in dispute or the importance of the case
for the applicant (see Adrian Mihai Ionescu v. Romania (dec.) no. 36659/04,
§ 34, 1 June 2010; Rinck v. France (dec.), no. 18774/09, 19 October 2010;
and Kiousi v. Greece (dec.), no. 52036/09, 20 September 2011). Moreover,
a violation of the Convention may concern important questions of principle
and thus cause a significant disadvantage without affecting pecuniary
interests (see Korolev (dec.), cited above).
62. The Court has previously stated that although the right to citizenship
is not as such guaranteed by the Convention or its Protocols, it cannot be
ruled out that an arbitrary denial of citizenship might in certain
circumstances raise an issue under Article 8 of the Convention because of
the impact of such a denial on the private life of the individual (see
Karassev v. Finland (dec.), no. 31414/96, ECHR 1999-II; Slivenko
v. Latvia (dec.) [GC], no. 48321/99, § 77, ECHR 2002-II; Savoia and
Bounegru v. Italy (dec.), no. 8407/05, 11 July 2006; and Genovese v. Malta,
no. 53124/09, § 30, 11 October 2011). Furthermore, the private life of an
individual is a concept that is wide enough to embrace aspects of a person’s
social identity (ibid., § 33).
63. In the light of the issues raised, the Court does not find it appropriate
to dismiss the present complaint with reference to Article 35 § 3 (b) of the
Convention. The Government’s objection is therefore dismissed.
3. Conclusion as to admissibility
64. In respect of the complaint concerning the applicant’s potential
removal from Maltese territory, the Court considers that the applicant
cannot claim to be a victim, within the meaning of Article 34 of the
Convention, of the alleged violation of his right to respect for his private
and family life. It follows that this part of the complaint must be rejected as
being manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the
Convention.
65. In so far as the complaint concerns the deprivation of citizenship and
its consequences, the Court considers that it is not manifestly ill-founded
within the meaning of Article 35 § 3 (a) of the Convention. It further notes