RAMADAN v. MALTA JUDGMENT
19
citizenship on the basis of his own citizenship having been revoked, they
too would become stateless.
(b) The Government
75. The Government submitted that the Convention did not guarantee a
right to acquire a particular citizenship and that the issue of whether an
applicant had an arguable right to acquire the citizenship of a State must in
principle be resolved by reference to the domestic law of that State. They
referred to Petropavlovskis v. Latvia (no. 44230/06, § 83, ECHR 2015).
76. The measure at issue in the present case was in accordance with the
law, namely the Maltese Citizenship Act, Chapter 188 of the Laws of Malta.
The relevant provision at the time was Article 9 of the Act, which was
identical to Article 14 of the amended Act (see “Relevant domestic law”
above). Contrary to the applicant’s argument (see paragraph 70 above), the
Government submitted that Article 27(2) of the Maltese Citizenship Act as
amended in 2000, a transitory provision, dealt with “applications” for
registration which had been lodged before 15 August 1999 and were still
pending. In the case of the applicant, citizenship had already been granted
before 15 August 1999; thus, when the amendments to the Maltese
Citizenship Act were enacted, his application had already been processed.
Consequently, he could not be considered “an applicant” in the sense of the
domestic provision cited.
77. Contracting a marriage of convenience was considered to be
perpetration of fraud. That had been the basis of the decision in respect of
the applicant. Thus, the measure had not been arbitrary: the decision had
been taken after the applicant had pleaded before the committee, produced
evidence and made submissions – a procedural safeguard to protect him
against any arbitrariness. Nor was the deprivation discriminatory: whenever
the Department became aware that citizenship had been obtained by fraud, it
took steps to deprive the individuals concerned of Maltese citizenship.
78. According to the Government, the Minister had deprived the
applicant of his Maltese citizenship on the grounds that he had obtained
Maltese citizenship by fraud, a serious act that was contrary to public order.
Thus, the measure was aimed at the protection of public order, which was
an intrinsic part of the public interest. Reference was made to the Court’s
judgments in Antwi and Others v. Norway (no. 26940/10, § 104, 14
February 2012) and Boujlifa v. France (21 October 1997, § 43, Reports
1997-VI). In that light, the Minister’s order had been justified and necessary
in a democratic society. Furthermore, even though the decision had not been
based on this factor, the applicant also had a criminal record, having been
found guilty of injuring his own wife.
79. The Government further argued that the deprivation of the
applicant’s Maltese citizenship, which had been implemented immediately,
had not adversely affected him since his trading licences had been