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RAMADAN v. MALTA JUDGMENT
measure is not enforceable (see Vijayanathan and Pusparajah, cited above,
§ 46; see also Pellumbi v. France (dec.), no. 65730/01, 18 January 2005,
and Etanji v. France (dec.), no. 60411/00, 1 March 2005). It has adopted the
same stance in cases where execution of the deportation order has been
stayed indefinitely or otherwise deprived of legal effect, and where any
decision by the authorities to proceed with deportation can be appealed
against before the relevant courts (see Sisojeva and Others, cited above, §
93, with further references to the cases of Kalantari v. Germany (striking
out), no. 51342/99, §§ 55-56, ECHR 2001-X, and Mehemi v. France (no. 2),
no. 53470/99, § 54, ECHR 2003-IV; see also Andric v. Sweden (dec.), no.
45917/99, 23 February 1999; Benamar and Others v. France (dec.), no.
42216/98, 14 November 2000; Djemailji v. Switzerland (dec.), no.
13531/03, 18 January 2005; and Yildiz v. Germany (dec.), no. 40932/02,
13 October 2005).
54. Regarding the applicant’s victim status in relation to the complaint
that his removal from Malta would affect his private and family life, the
Court notes that the authorities have not issued a removal order. Indeed, no
steps towards such action have been taken at any point since 2007, when the
order to revoke his citizenship was issued and was thus enforceable.
Although during the intervening period, proceedings concerning the
applicant’s complaints have been pending before the domestic courts and
subsequently before the Court, neither the domestic courts nor the Court
have ordered interim measures (capable of giving any legitimacy to the
letter sent to the authorities by the applicant’s legal representative – see
paragraph 28 above). It follows that the authorities were under no obligation
to desist from deporting the applicant, had they intended to do so.
55. Furthermore, even if such a removal order were to be issued, the
applicant may appeal against it to the Immigration Appeals Board (see
paragraph 36 above). The Court reiterates that where expulsions are
challenged on the basis of alleged interference with private and family life
(unlike complaints concerning Articles 2 and 3), it is not imperative, in
order for a remedy to be effective, that it should have automatic suspensive
effect (see De Souza Ribeiro v. France [GC], no. 22689/07, § 83,
ECHR 2012). However, domestic courts must seriously examine the
circumstances and legal arguments in favour of or against a violation of
Article 8 of the Convention in the event of the removal order being
enforced. Haste in the execution of a removal order may have the effect of
rendering the available remedies ineffective in practice and therefore
inaccessible (ibid, § 95). At this stage there is no indication that any
eventual removal would be executed in a perfunctory manner and with such
haste that it would have the effect of rendering the available remedies
ineffective in practice and therefore inaccessible (contrast De Souza Ribeiro,
cited above, § 96).