A Maltese woman and her Libyan partner, who have two children together, yesterday filed a constitutional application over a removal order issued against the man.

The application was made in the First Hall of the Civil Court against the Justice Minister and the Principal Immigration Officer.

Alexia Portelli and Wessam Mohammed Elsrmani claimed that their fundamental human right to protection of family life had been violated by respondents and they requested the court to grant them a remedy.

The couple claimed that they had been involved in a relationship for a number of years and had two children under the age of four. Their relationship, they said, was extra marital but they were still a family in the sense that their relationship was recognised and supported by Portelli's family. They added that their eldest son was hyperactive and that Elsrmani's presence was indispensable to control the child.

Portelli told the court she was married to another man but that the marriage had broken down and that she had instituted proceedings for an annulment before the court. These proceedings had reached an advanced stage and in the event that a favourable judgment was obtained she and Elsrmani would immediately get married.

The couple added that Elsrmani's visa to remain in Malta had expired and he had been arrested by the police. An order for his removal from the country was obtained but Elsrmani had appealed to the Immigration Appeals Board which in turn confirmed the original removal order.

This, the couple argued, was in violation of their fundamental human right to respect for their family life as protected by the European Convention of Human Rights. They further claimed that the removal order was null as it would negate their family and would deprive them of the right to marry.

The court was asked to provide the couple with a remedy.

Dr Leo Bencini signed the protest.

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