2
RAMADAN v. MALTA JUDGMENT
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
6. The applicant was born in 1964 in Egypt and currently lives in
Hamrun, Malta.
A. Background to the case
7. The applicant had a Maltese tourist visa, which had been issued in
1991 and had been valid for three months. Having overstayed this visa, he
remained in Malta illegally.
8. In 1993, when the applicant was twenty-nine years of age and still
living in Malta illegally, he met MP, a Maltese citizen, who at the time was
seventeen years of age. Three months later, on 13 October 1993, they
married in a civil ceremony. On 26 February 1994 they also married in
accordance with the Catholic rite.
9. On 18 November 1993 the applicant enquired about his “exempt
person status” (see paragraph 34 below) and on 23 November 1993 started
the process to obtain Maltese citizenship on the basis of his marriage to a
Maltese national.
10. The applicant’s exempt person status was confirmed on 2 March
1994. On 19 April 1994, following the processing of his application and
consequent to the marriage, he was registered as a Maltese citizen. On
12 September 1994, he therefore lodged an application to renounce his
Egyptian nationality (a copy of the relevant application form has not been
submitted to the Court). It transpires from a letter issued by the Consul of
the Embassy of the Arab Republic of Egypt in Malta that on 29 September
1994 the applicant’s request was approved and his Egyptian passport
withdrawn. At the relevant time, dual nationality was not possible under
either Egyptian or Maltese law.
11. According to the Government, in 1994 the applicant and MP had
various marital problems, which led the applicant to leave the matrimonial
home on two occasions. The applicant had behaved aggressively, and
specifically on 5 June 1994 he had physically assaulted his pregnant wife,
causing her a permanent disability. MP left the matrimonial home thereafter.
12. The applicant was charged, remanded in custody, and eventually
tried and found guilty in respect of the act of assault. He was given a
suspended sentence.
13. In the meantime, on 13 December 1994 a child, LR, was born of the
marriage. LR is a Maltese citizen. The various family disputes continued
between the couple.
14. On 8 February 1995 MP instituted court proceedings to annul the
marriage. Following adversarial proceedings where both parties were