4
RAMADAN v. MALTA JUDGMENT
22. The committee’s final recommendation to the Minister of Justice and
Internal Affairs was not made available to the applicant. Requests by the
applicant’s lawyer for a copy of the acts of those proceedings remained
unsatisfied.
23. On 31 July 2007 the Minister ordered that the applicant be deprived
of his citizenship with immediate effect, in accordance with Article 14(1) of
the Act.
24. By a letter dated 2 August 2007 from the Director of the Department
of Citizenship and Expatriate Affairs, the applicant was informed that the
Minister of Justice and Internal Affairs had concluded that the applicant had
obtained citizenship by fraudulent means and that therefore on 31 July 2007,
in accordance with Article 14(1) of the Act, the Minister had ordered that he
be immediately divested of his citizenship. He was required to return his
certificate of registration as a Maltese citizen and his passport.
B. Constitutional redress proceedings
25. The applicant instituted constitutional redress proceedings,
complaining under Articles 6, 8 and 14 of the Convention. He claimed that
he had not had a fair trial and appropriate access to court for the
determination on his right to citizenship. Moreover, the revocation of his
citizenship had not been in accordance with the law. The prerequisites for
such action had not existed as his first marriage had not been one of
convenience.
26. By a judgment of 12 July 2011 the Civil Court (First Hall) in its
constitutional jurisdiction rejected the applicant’s complaint under Article 6,
finding that the committee set up for that purpose had not been a tribunal,
but solely an investigative body capable of giving recommendations but not
making final decisions. The court, however, found that the applicant’s
Article 8 rights would be breached if, as a result of his being divested of his
citizenship, he became an alien. His de jure family (in respect of the second
marriage) would suffer irremediable upset if, as a father (of the two Maltese
children of that marriage), he were required to move to another country.
Thus, the revocation of citizenship in the present case was in breach of
Article 8. Consequently, the court annulled the order of 31 July 2007 and
considered that it was not necessary to rule on any further complaints.
27. On appeal, by a judgment of 25 May 2012 the Constitutional Court
overturned the first-instance judgment in part. It rejected the Article 6
complaint on the basis that the provision was not applicable in the absence
of a civil right. In that connection, it rejected the applicant’s contention that
the revocation of citizenship affected his right to a family life and therefore
was civil in nature, as citizenship was a matter of public law and fell under
the prerogatives of the State. It also reversed the part of the judgment in
respect of Article 8, commenting that it had not been established that the