12
RAMADAN v. MALTA JUDGMENT
precluded a Member State from refusing a work permit and the right of
residence within its territory to a third-country national upon whom his
minor children, who were nationals and residents of that Member State,
were dependent, in so far as such decisions deprived those children of the
genuine enjoyment of the substance of the rights attaching to the status of
citizen of the Union.
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION
49. The applicant complained that the decision to divest him of his
Maltese citizenship had not been made in accordance with the law. It had
interfered with his right to private and family life and exposed him to the
risk of being separated from his family. The decision had not been
accompanied by the relevant procedural safeguards as required under
Article 8 of the Convention and the State had failed to fulfil its positive
obligation to protect his rights under that provision. Lastly, the applicant
complained that the decision had left him stateless. He thus had to live in a
state of uncertainty, where he could not even leave the country for fear of
not being let back in. The provision reads as follows:
“1. Everyone has the right to respect for his private and family life, his home and
his correspondence.
2. There shall be no interference by a public authority with the exercise of this right
except such as is in accordance with the law and is necessary in a democratic society
in the interests of national security, public safety or the economic well-being of the
country, for the prevention of disorder or crime, for the protection of health or morals,
or for the protection of the rights and freedoms of others.”
50. The Government contested that argument.
A. Admissibility
1. Victim status
(a) The parties’ submissions
51. The Government submitted that the applicant could not claim to be a
“victim” in terms of Article 34 of the Convention. They contended that an
applicant could be considered a victim only if the State had already decided
to take steps against him, and interference would come about only upon the
execution or implementation of that decision. In the present case, despite the
lack of any interim measure by the Court, no removal order was awaiting
execution or implementation, as no such order had been issued, and no