RAMADAN v. MALTA JUDGMENT
17
that it is not inadmissible on any other grounds. It must therefore be
declared admissible.
B. Merits
1. The parties’ observations
(a) The applicant
66. The applicant insisted that his reason for marrying his first wife had
not been to obtain citizenship by fraud, as evidenced by the birth of his son
and also by a psychologist’s report, in which his anxiety at the time when he
was having marital problems had been noted. He was of the view that the
authorities should not simply have relied on the 1998 judgment, but that the
matter required a separate independent assessment. He also argued that he
could not be blamed for not having informed the authorities about the
annulment of his marriage, since annotations of such annulments were
entered on the relevant marriage certificate kept in the records of the Public
Registry, which was a Government department. Thus, the authorities had
been aware of the situation from that very date. Nevertheless, they had acted
on the premise that the applicant’s citizenship had remained valid, and had
eventually even given his second wife “exempt person status” on that basis.
67. The applicant submitted that depriving a person of citizenship was
more sensitive than restricting eligibility for citizenship, and it could not be
left to a State’s discretion. Furthermore, any such decision would have to be
accompanied by appropriate safeguards and an opportunity for the
individual to defend himself.
68. The applicant submitted that at the time of the order depriving him
of citizenship, namely 2007, he had established both a private and a family
life in Malta. He had been working in Malta and had been married to his
wife for more than five years and had two children, as well as a genetic
bond with a son from the first marriage. In his view, when he had married
for the second time, there had been no threat of his citizenship being taken
away from him. Thus, it could not be said that his family life had been
created at a time when the persons involved were aware that the
immigration status of one of them was such that the continuation of that
family life within the host State would be precarious from the outset.
69. The applicant submitted that citizenship was the gateway to several
rights, including a right to unrestricted residence; a right to establish a
family in Malta; a right to work there, to receive a pension, and so forth.
Admitting that he had made no request for any work or residence permits,
he submitted that he had no guarantee that he would acquire or be eligible
for such permits. He referred to Regulation 12(3) of the Immigration
Regulations (Legal Notice 205 of 2004 – see paragraph 37 above).
Moreover, such permits would not solve the problem of his statelessness