Man claims visa hitch disrupted marriage plans

A man yesterday filed a constitutional application in the First Hall of the Civil Court claiming that his fundamental human rights had been violated as a result of the failure by the immigration authorities to issue a visa for his Ukrainian fiancée.

Julio Farrugia filed his application against the Police Commissioner in his capacity as Principal Immigration Officer and against the Marriage Registrar.

He claimed he was engaged to marry Zaya Bryantseva and that he and his fiancée had been dating for the past four years.

Mr Farrugia added that in order to marry it was necessary to apply for marriage banns six weeks before the date of the marriage.

The Marriage Registrar had issued a directive that no banns could be issued in the case of foreigners if they were not in possession of a visa that was valid for at least six weeks.

Mr Farrugia said his fiancée had arrived in Malta for the fourth time on December 13, 2004 and when she applied for a two-month extension to her visa, in order to apply for the marriage banns, the application was not processed until May 6.

On that date, Mr Farrugia was informed that the visa application had been dismissed and Ms Bryantseva had therefore to leave Malta within one week from that date.

Applicant claimed he had a right to a family life and therefore to the right to freely get married to a person of his choice.

However, respondents' actions had rendered it impossible for him to marry.

He asked the court to declare that his rights had been violated and to order that Ms Bryantseva be given a visa for a minimum of six weeks so that they could apply to get married.

Dr José Herrera and Dr Shazoo Ghaznazi signed the application.