RAMADAN v. MALTA JUDGMENT
23
91. The Court reiterates that neither Article 8 nor any other provision of
the Convention can be construed as guaranteeing, as such, the right to a
particular type of residence permit (see Kaftailova, cited above, § 51). If it
allows the holder to reside within the territory of the host country and to
exercise freely there the right to respect for his or her private and family
life, the granting of such a permit represents in principle a sufficient
measure to meet the requirements of that provision. In such cases, the Court
is not empowered to rule on whether the individual concerned should be
granted one particular legal status rather than another, that choice being a
matter for the domestic authorities alone (see Sisojeva and Others, cited
above, § 91; Aristimuño Mendizabal v. France, no. 51431/99, § 66,
17 January 2006; Dremlyuga v. Latvia (dec.), no. 66729/01, 29 April 2003;
and Gribenko v. Latvia (dec.), no. 76878/01, 15 May 2003). In this
connection, the Court notes that various possibilities appear to be open to
the applicant (see paragraph 37 and 79 above), such as applying for a work
permit, and subsequently a residence permit, which could eventually again
make him eligible for citizenship. However, the applicant has taken no such
steps, which could have prevented any adverse impact on his private and
family life (compare Savoia and Bounegru (dec.), cited above), and no valid
explanation has been given for his inaction. The Court notes that the only
alleged obstacle referred to by the applicant is a legal provision which is not
yet in force (see paragraphs 37 and 39 above).
92. Similarly, in connection with the applicant’s claim that he is
currently stateless, the Court notes that although, according to a letter by the
Consul of the Embassy of the Arab Republic of Egypt, the applicant’s
request to renounce his Egyptian nationality was approved and his Egyptian
passport withdrawn (see paragraph 10 above), he has not provided the Court
with any official document (such as a presidential decree, which appears to
be issued in such circumstances) confirming such renunciation. Nor has the
applicant provided any information as to the possibilities of reacquiring
Egyptian nationality (in the event that he has truly renounced that
nationality). In any event, the fact that a foreigner has renounced his or her
nationality of a State does not mean in principle that another State has the
obligation to regularise his or her stay in the country (see, for instance, the
case of Romanians who renounced their nationality and wanted to remain in
Germany, in Dragan and Others v. Germany (dec.), no. 33743/03,
7 October 2004).
93. As to the applicant’s limited freedom of movement, which would
more appropriately be examined under Article 2 of Protocol No. 4 to the
Convention, the Court notes that this complaint was not brought before the
domestic authorities, even though the applicant was meant to return his
passport in 2007, when the decision to revoke his citizenship was issued.
The fact that he failed to submit his passport to the authorities and continued
to reap its benefits until 2014, when his passport expired, does not exempt