RAMADAN v. MALTA JUDGMENT – SEPARATE OPINION
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convenience do not generally produce children46. When someone is not
genuinely willing to accept a life-long compromise, like marriage, but only
enters into the contractual marital relationship to gain a legal advantage,
such as access to citizenship, he or she does not normally wish to have a
child from this relationship, thus creating a life-long bond between the
respective parents. The birth of a child within wedlock is very strong
evidence of the genuineness of the compromise accepted willingly by the
partners. No elements were provided to the Court to rebut this presumption.
Although the judgment of 19 January 1998 was not challenged and
became final, this does not hinder the Court from drawing all logical
conclusions for the purposes of assessing the national authorities’ conduct
from the time of the annulment until the order of deprivation of citizenship.
The national authorities’ conduct from 1998 to 2007
14. The 1998 annulment judgment was entered in the relevant marriage
register kept in the records of the Public Registry, which is a government
department. This obviously means that the national authorities must have
been aware of the applicant’s legal situation since that date, and therefore
the applicant cannot be reproached for not having informed the authorities
about the annulment. The Government’s argument that the department of
Citizenship and Expatriate Affairs, the courts and the Public Registry were
different authorities47 is clearly unfounded from an international law
perspective, since they all belong to the respondent State, and the lack of
communication between them may engage its international liability.
15. Moreover, after the delivery of the annulment decision, it took the
national authorities many years until they reacted. From 19 January 1998,
date of the annulment judgment, to 8 May 2006, date of the applicant’s
notification that an order was to be made to deprive him of his Maltese
citizenship on the basis of that judgment, the applicant lived a normal life
without being bothered by the national authorities. In addition, his trading
permits were continuously renewed48. This conduct of the competent
national authorities over more than eight years led the applicant, as it would
indeed have led any reasonable person, to consider that his citizenship was
under no threat. And since there was no such pending threat, the applicant
could genuinely aspire to create a second family in Malta after the failure of
46. At this juncture, it could also be relevant to consider the psychologist’s report, in which
the applicant’s anxiety at the time when he was having marital problems was noted. The
majority gave no reason to discard this report.
47. See paragraph 82 of the judgment.
48. See paragraph 79 of the judgment. In paragraph 88, the majority argue that any delay
did not disadvantage the applicant, who continued to benefit from the situation, but the
majority fail to consider that the delay itself and the concomitant benefits that the applicant
drew from it have also had an impact on the consolidation of his legal expectations.